Probate Waiver and Consent Form

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A probate waiver and consent form is a document sent by an estate’s executor or personal representative to interested parties to simplify probate proceedings. When signed, the interested party agrees to the appointment of the personal representative, waives the right to receive formal notice of probate proceedings, and accepts the will’s validity.

Probate Waiver and Consent Form

A probate waiver and consent form is a document sent by an estate’s executor or personal representative to interested parties to simplify probate proceedings. When signed, the interested party agrees to the appointment of the personal representative, waives the right to receive formal notice of probate proceedings, and accepts the will’s validity.

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Last updated October 21st, 2024

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A probate waiver and consent form is a document sent by an estate’s executor or personal representative to interested parties to simplify probate proceedings. When signed, the interested party agrees to the appointment of the personal representative, waives the right to receive formal notice of probate proceedings, and accepts the will’s validity.

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When to Use

This form is used by the estate executor or their attorney to gather consent from the interested parties so that the administration of an estate can proceed more quickly.

Signing this document means the interested party accepts the will and the executor’s nomination as the personal representative. They are waiving the right to challenge the nomination and will, which allows the personal representative to admit the will to probate.

Key Elements

The form generally includes the following information:

  • Decedent’s name and date of death
  • Name of executor/personal representative
  • Executor’s attorney contact information (if applicable)
  • Date of the will (if any)

Sample

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PROBATE WAIVER AND CONSENT FORM

State of [TITLE]

In the matter of [ENTER NAME OF THE DECEDENT AND DATE OF DEATH]

☐ – Intestate

I, [INTERESTED PARTY NAME], being interested in the estate as [DESCRIBE RELATIONSHIP TO DECEDENT], acknowledge receipt of a copy of the application\petition requesting the appointment of [PERSONAL REPRESENTATIVE NAME] as Personal Representative of the Estate, and consent to the granting of the petition and waive notice of hearing.

☐ – Testate

I, [INTERESTED PARTY NAME], being interested in the estate as [DESCRIBE RELATIONSHIP TO DECEDENT], acknowledge receipt of a copy of the will of the Deceased dated [MM/DD/YYYY], a copy of the application\petition of [PERSONAL REPRESENTATIVE NAME] requesting admission of the instrument to probate and for the appointment of [PERSONAL REPRESENTATIVE NAME] as Personal Representative of the estate and that the heirs of the estate be determined, and waive notice of hearing.

Interested Party Signature: ____________________________ Date: [DATE]
Print Name: [INTERESTED PARTY PRINTED NAME]
Address: [INTERESTED PARTY ADDRESS]
Telephone: [INTERESTED PARTY TELEPHONE #]

Attorney Name: [ATTORNEY PRINTED NAME]
Bar No: [ATTORNEY BAR #]
Address: [ATTORNEY ADDRESS]
Telephone: [ATTORNEY TELEPHONE #]