Legal Question in Wills and Trusts in New York

Re: Waiver of Process

If he refuses, he will be formally served with notice that there is a pending probate petition. He will then have a limited amount of time to make specific objections to the probate petition. There may be a hearing and/or trial to resolve the issues raised.

If he does not object, the probate proceeding will move forward.

Re: Waiver of Process

I concur with John. Worst case scenario, is that the Administrator applies to the Court for all approvals. Since this is an administration (no Will), his natural children may have rights to share in his estate, if there were assets that comprise the probate estate, which does not include any assets registered jointly or which have a named, designated beneficiary. Surviving spouses have priority over children to the appointment as Administrator, so the step-mother seems to have the right to the appointment.

Re: Waiver of Process

You are getting good advice from the other 2 lawyers.

I want to add only that it might be helpful to mail the 'notice' to the son by return receipt mail. another option is to have it delivered by a process server.

If, after having been alerted to the action, he declines to participate, then you have done your job and the court will probate the estate with no undue delays.