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Certain jurisdictions will have specific requirements and forms for the waiver or procedure and consent to probate. The executor should verify with the probate court in their jurisdiction before sending the form to interested parties.
When to Use
Also known as a waiver of process consent to probate, this form is generally sent out after the executor files for probate but before the court grants it. It is sent with a notification to all interested parties informing them that the will has been submitted to probate and the executor wishes to be nominated as the personal representative.
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 a formal hearing about the probate process.
Sample
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PROBATE WAIVER AND CONSENT FORM (INTESTATE)
State of [TITLE]
Court: [COURT TYPE]
File No. [FILE #]
In the matter of [ENTER NAME OF THE DECEDENT AND DATE OF DEATH]
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.
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 #]