What is a waiver of notice to probate of will?

03/26/2007 - Category:Wills and Estates - Probate - State: OH #1034

Full Question:

I am not the executor of my father's estate; my sister is. The estate's attorney and my sister want me to sign a waiver of notice of probate of will. Why are they asking this? What is the benefit?

Answer:

Attorneys generally seek waivers of notice or service of process to save time and/or expenses.

A notification of probate for Ohio would basically state:

You are hereby notified that the decedent died on the (date), that the decedent's will was admitted to probate by this Court located at (name and address of court) on the (date). This notice is given to all persons who would be entitled to inherit from the decedent had the decedent died intestate and to all legatees and devisees named in this will who do not waive notice. You are receiving this notice as: (one or more of the following will be checked):

The Surviving Spouse.

A person who would be entitled to inherit from the decedent had the decedent died intestate.

A legatee or devisee named in the will.

After a certificate is filed evidencing any notices given, any action to contest the validity of this will must be filed no more than three months after the filing of the certificate for estates of decedents who die on or after January 1, 2002 and no more than four months after the filing of the certificate for estates of decedents who die before January 1, 2002.

A waiver of notice would basically state:

The undersigned, being persons entitled to notice of the probate of this will, waive such notice. After a certificate is filed evidencing these waivers and any notices given, any action to contest the validity of this will must be filed no more than three months after the filing of the certificate for estates of decedents who die on or after January 1, 2002, and no more than four months after the filing of the certificate for estates of decedents who die before January 1, 2002.



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03/26/2007 - Category: Probate - State: OH #1034

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