Before I sign a waiver of notice form, what does it mean to waive notice of the hearing on the petition and notice of formal proof of the will? 18 Answers as of August 05, 2013

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
I suggest you look at the dictionary definition of the word "waiver". If you don't understand or know what the word means, nor understand its legal effect, then don't sign anything without the advice of a lawyer.
Answer Applies to: California
Replied: 8/5/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
Usually it means that you do not want formal, written notice of some or all of the steps of the probate process.
Answer Applies to: Nebraska
Replied: 8/1/2013
Frederick & Frederick PLC | James P Frederick
It may mean that the hearing will not need to take place. You would basically be saying that you consent to the petition.
Answer Applies to: Michigan
Replied: 8/1/2013
Gates' Law, PLLC | Thomas E. Gates
This tells the court you have no problem of the court accepting the will into probate and that the proposed executor is acceptable. Otherwise, you would have to appear in court to object.
Answer Applies to: Washington
Replied: 7/31/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Without more info, I'm guessing that if you refuse to sign the waiver there will be a substantial delay in the probate.
Answer Applies to: California
Replied: 7/31/2013
    Stephens Gourley & Bywater | David A. Stephens
    It means you are waiving the right to have a hearing for the will to be proven to be correct in court.
    Answer Applies to: Nevada
    Replied: 7/31/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    It means you won't get formal, timely notice. Often this is used when they didn't send notice in time to meet the statutory requirement.
    Answer Applies to: California
    Replied: 7/31/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It waives whatever the waiver says you are waiving. If you are unsure, seek counsel to review it and advise you.
    Answer Applies to: Nevada
    Replied: 7/31/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It means that the judge can sign whatever judgment is being petitioned for, with no hearing or further action.
    Answer Applies to: Oregon
    Replied: 7/31/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Any one who is named in the will must be given notice of the hearing. Generally you are given 15 days notice of the hearing in the event you wish to attend or object to the proceedings. If you were not given the required time period, the attorney handling the case wants to proceed. He/She sent you the waiver to sign so that you will waive the required time period. You do not have to sign. If you do not the matter will be continued so that all individuals will be given sufficient time prior to the hearing and to receive the proof of the will. You may wish to consult a probate attorney to discuss your concerns.
    Answer Applies to: California
    Replied: 7/31/2013
    James Law Group
    James Law Group | Christine James
    Someone would have to review the exact language of the waiver but you are basically saying you will not require notice of the proceedings. The proof of will is scary. If you don't dispute the content of the will, you should be okay, but again, without reviewing the documents it is hard to tell.
    Answer Applies to: California
    Replied: 7/31/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It means that you don't have to know when the hearing takes place. It also means that you are not contesting the validity of the will.
    Answer Applies to: Idaho
    Replied: 7/31/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    It means that you don't require that the personal representative to send to you every pleading that goes before the court in the probate of an estate. The notice of formal proof of the will is showing that a will does exist. I would suggest that you get a copy of the will to see that the decedent's intention are followed through during the probate process.
    Answer Applies to: Florida
    Replied: 7/31/2013
    Estrada Law P.C. | Michele Ungvarsky
    You are agreeing that the will is written by the decedent which s/he was able to understand s/he was gifting her/his property. Also, the decedent's choice of executor/administrator is a person who will carry out the wishes expressed in the will. Otherwise there must be a hearing where the court (judge) hears evidence on whether or not the will is valid and the executor/administrator is competent.
    Answer Applies to: New Mexico
    Replied: 7/31/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    To "waive" is to give up such rights. If you have no interest in receiving such notices or information, you can sign them. Many sign such waivers or waive accounting reports or consideration for the appointment of personal representative. As an interested person (family, beneficiary, etc), you have such rights, if you waive it, you give it up.
    Answer Applies to: Florida
    Replied: 7/31/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    It means that no one will notify you of any hearing scheduled in court.
    Answer Applies to: Missouri
    Replied: 7/31/2013
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    If all interested parties in the estate sign one. It means that there won't have to be a hearing to prove the will (in an uncontested estate that should save money for the estate).
    Answer Applies to: Michigan
    Replied: 7/31/2013
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