What is a Waiver of Notice for probate court?

Question

My father died and my brother wants me to sign a Waiver of Notice. My father lived in another state. What would be a reason why I shouldn't sign?

Answer 1

If you sign the waiver, your brother may no longer have to send you copies of court documents and keep you informed about the case.

It is also used to show to the court that it is not necessary to wait a long statutory amount of time. For example, if a procedure requires 60 days notice to all parties, but everyone waives notice, then the procedure can move forward in less than the full 60 days.

Answer 2

When someone dies who has a will, the person named in the will as executor offers it to the court to have it officially decreed as the true will of the deceased. Anybody (like his children) who would have inherited from the deceased if he did not have a will is supposed to be served with a citation telling him he has a right to appear in court to contest the will. Anybody entitled to be served with a citation can waive service of citation and consent that the will be decreed to be the will of the deceased. Then the judge says the instrument offered is the last will of deceased and appoints the executor to carry out the terms of the will. If an heir does not consent that the will be allowed because he thinks the deceased was not in his right mind when he made the will or was tricked or forced into making the will, that heir can refuse to sign the waiver and appear in court to contest the will and the matter will be set down for a trial. The judge will decide if the will is valid or not.

Answer 3

If you don't trust your brother to distribute the estate properly, then you shouldn't sign.

Basically you are saying you don't need to be notified upon probate of this estate, even though you are legally able to be notified.

The reason to sign the waiver is that it makes the process go easier for your brother. The reason not to is if you want to be involved (basically).

But don't take my word for it. This is the type of question you should ask the attorney who prepared the waiver (unless it IS your brother, then you should really speak to another attorney) because they will need to explain everything to you properly.

Answer 4

If you don't trust him to tell you when the hearings are, and you want to attend them.

If you're a beneficiary, the court has to notice you of each hearing, and of all filings. If you live in another State, that can get expensive, and the costs come out of the estate.

Richard

Answer 5

It simply means that the notices of hearings, resolutions or decisions will not be sent to you by the probate court but directly through the counsels or those not excluded from participating therefrom.