Legal Question in Wills and Trusts in Ohio

Waiver of Notice of Probate of Will

After the death of a family member, we recieved a Waiver of Notice of Probate Will. What is this and should I sign it?


Asked on 3/11/08, 2:50 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Waiver of Notice of Probate of Will

When beneficiaries of a will sign waivers during the probate process, this tells the court that you don't need official notification and helps speed along the process. In signing them, however, you should ask the reason from either the executor or attorney.

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Answered on 3/17/08, 8:29 pm
David Davies Law Office of David H. Davies

Re: Waiver of Notice of Probate of Will

The person who died had a will and someone has filed or intends to file, the will with the probate Court. If you sign a waiver, you will not have to be officially notified when the application is filed to have the will probated.

If you have seen the will and are confident that it is real and voluntary, then it may be OK to sign and allow the will to be probated. If you question the validity of the will, you should get directly in touch with an attorney as soon as possible.

There are time limits for contesting a will and you will need to have an attorney if you want to be successful.

Feel free to give me a call if you would like to discuss this in more detail. No Charge or obligation for a confidential telephone call.

Good Luck

DHD

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Answered on 3/11/08, 10:35 pm


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