Legal Question in Wills and Trusts in Ohio

Probate

My father in law recently passed away and one of my wife's sisters was named Executor of his estate. My wife received a letter from the attorney for her to sign ''waiving'' probate. What would be the difference in what could or could not happen depending on whether she waives probate or not?


Asked on 7/18/07, 6:34 am

3 Answers from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Probate

Your wife should consult with an attorney in Ohio.

- Jeff

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Answered on 7/18/07, 6:41 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Probate

What she is 'waiving' is the need for a hearing (which means being there) at important steps in the probate process. When she signs waiver notices, it tells the court that she has been notified of an important step and is more or less signing off on it.

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Answered on 7/19/07, 2:16 pm
Christine Socrates Meyers, Roman, Friedberg & Lewis

Re: Probate

The waiver was probably a "waiver of notice of probate of will". By signing you are simply waiving the right to receive notice of the probate of the will. If the executor does not receive a signed waiver, he simply has to send certified notices to each beneficiary who has not waived and then file it with the court. The other waiver is the "waiver of right to administer". By signing this waiver you are waiving your right to administer the estate(be executor or administrator) and allowing the person applying to administer the estate, do so. If you do not sign this waiver, a hearing will be set on this issue.

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Answered on 7/18/07, 2:50 pm


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