Legal Question in Wills and Trusts in New York

Waiver of Process

My father died recently, leaving his entire estate to his wife. I have been sent a Waiver of Process to sign, indicating that I have no legal objections to the probate proceedings.

What would happen if I did not sign the waiver right away? I do not intend to contest the will; I'm simply wondering if there is some period of time after which my signature is no longer needed and the probate process will go ahead with or without my consent.

Thank you for your response.


Asked on 1/24/05, 4:25 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Waiver of Process

If you do not sign the waiver, the attorney offering the Will for probate must serve you with a "Notice of Probate" since you would normally receive a share in the absence of the will.

Read more
Answered on 1/24/05, 5:04 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Waiver of Process

The Waiver is necessary to determine if there is going to be a Will contest. If you are not going to contest, sign the Waiver. The failure of any potential interested party to return it, will only delay the probate process and possibly add to the costs.

Read more
Answered on 1/25/05, 12:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York