{"id":295,"date":"2019-03-21T10:32:37","date_gmt":"2019-03-21T17:32:37","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=295"},"modified":"2022-11-09T10:35:38","modified_gmt":"2022-11-09T17:35:38","slug":"waiver-of-notice-probate-of-will","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/waiver-of-notice-probate-of-will\/","title":{"rendered":"What is a Waiver of Notice of Probate of a Will?"},"content":{"rendered":"

Introduction<\/h2>\n

When going through the probate process, sometimes a waiver of notice is required to make sure the proceedings go smoothly.<\/p>\n

What is a Waiver of Notice?<\/h4>\n

Generally speaking, a waiver of notice<\/a> is a legal document that waives an individual\u2019s right to formal notification. The purpose of a waiver of notice is usually to allow legal proceedings to commence unencumbered by frequent notices, allowing the proceedings to be more timely and efficient. Waiver of notice documents are commonly used when probating a will, or in corporate settings when a board of directors needs to hold emergency meetings.<\/p>\n

How Does a Waiver of Notice Relate to Probate of a Will?<\/h4>\n

When a probate court is dealing with wills, trusts, and estates, the law requires the interested parties to the proceedings (the beneficiaries<\/a>) receive adequate notice. The purpose of adequate notice laws is to ensure interested parties are aware of the process and have the opportunity to both attend and participate in an initial hearing<\/a>. While this is important, scheduling a hearing requires formal probate and can significantly lengthen the amount of time required to complete probate and distribute a decedent\u2019s assets.<\/p>\n

What Does it Mean When You Sign a Waiver of Notice of Probate of a Will?<\/h4>\n

While your initial reaction to a waiver of notice may be guarded, the request is routine procedure for probate proceedings. In the interest of time and efficiency, beneficiaries are often asked to sign a waiver so that the probate court doesn\u2019t need to schedule an initial hearing or provide ongoing notices of the proceedings.<\/p>\n

When a beneficiary signs a waiver of notice they consent to the court-appointed personal representative<\/a> (i.e. the executor), and they agree to forego the initial hearing. While signing the waiver of notice implicitly affirms the will\u2019s validity, it doesn\u2019t surrender an interested party\u2019s right to contest the will or the actions of the personal representative during probate.<\/p>\n

Are There Any Potential Downsides to Signing a Waiver of Notice?<\/h4>\n

Signing a waiver of notice may be standard practice, but it should still be thoughtfully considered. While it speeds up the probate process, you do run the risk of not being notified of important parts of the proceedings. Signing the waiver also initiates a statute of limitations, giving you only four months to contest the will or the appointed personal representative. If you believe the will is invalid or if you object to the personal representative, you should consult with an attorney before signing a waiver of notice.<\/p>\n

What Happens If You Don\u2019t Sign the Waiver?<\/h4>\n

If you don\u2019t sign the waiver of notice, the probate court will schedule an initial hearing to assess the validity of the will and the appointment of the personal representative. If you don\u2019t sign the waiver after the hearing, a probate judge will need to supervise the probate proceedings, approve important actions of the personal representative, and notify you throughout the process. While every case is different, formal supervised probate can easily take up to a year or longer. In contrast, when all interested parties sign a waiver of notice and there are no contests or objections, informal probate<\/a> can wrap up in about 4 \u2013 6 months.<\/p>\n

How to Contest a Will<\/h4>\n

Successfully contesting a will isn\u2019t easy. Dissatisfied beneficiaries can\u2019t just object to a will because they don\u2019t like it\u2014they\u2019ll need to prove that aspects (or the entirety) of a will are invalid. There are six conditions under which a will can be considered invalid:<\/p>\n