Legal Question in Wills and Trusts in Oklahoma
what is: a waiver of accounting and inventories
i have been asked to sign two
documents (my aunt has passed
away and my cousin is involved
in settling her estate):
document 1: waiver of accounting and inventories
document 2: joinder in final account, and application
for discharge...
could you explain what exactly is
that i am signing???
thanks very much....
1 Answer from Attorneys
Re: what is: a waiver of accounting and inventories
This response is general in nature because the facts involved in the particular estate are unknown and the documents you question have not been reviewed. You should have an attorney who is familar with Oklahoma Probate law review the documents and determine relevent facts in order to provide counsel for your specific case.
Generally, the Personal Representative (PR) of the estate is responsible for filing an inventory and appraisal with the Court. The PR is to inventory all the Probate assets of the estate and give an opinion as to the value of the assets. Anyone interested in the estate (an heir, creditor, etc.) can make a written request that an inventory an appraisal be done. If a request is made, the Court will order that apraisement be made by apointed appraisers.
The Inventory and Appraisal can be waived by the Court. In your case, it appears that the PR wants to get all the heirs, devisees, and legatees to sign a consent to waive the requirement of preparing an Inventory and Appraisal. If everyone agrees the Court will likely waive the requirement of an Inventory and Appraisal.
The second document sounds like a final account to the Court of the assets ready for distribution, the payments that have been made by the PR for the estate, the receipt of any money by the estate, and a request for payment of attorney fees and possibly PR fees. The document will ask that the assets be distributed according to the will, if there was a will, or according to statues, if there wasn't a will; it will also ask the Court to find that the PR has properly discharged his responsibility and to release the PR form his position, closing the esate.