Legal Question in Wills and Trusts in New York

Re: Probate waiver

I agree with Norman. The Waiver is a standard form used in probate, and is usually sent to all persons having a possible interest in an estate, although not named in the Will being offered for probate. This puts the person on notice that a Will is being submitted, so that if there is to be a conhtest of the Will, all parties who might have an interest in the estate have been noticed. If you have no concerns about the contents of the Will, just sign it and return it to the Surrogate. If you have an issue, retain a local attorney to represent you.

Re: Probate waiver

If she ignores the request to sign the form she will, in due course, receive a Citation. If she ignores the Citation she will be deemd to have agreed to the probate of the Will. She is never required to do anything, but by doing nothing, she may lose rights.