Legal Question in Wills and Trusts in Pennsylvania

What does it mean if I am asked to sign a waiver of consent to probate my aunts will? Does this mean there is a chance that i am a part of said will?


Asked on 9/05/11, 10:29 pm

1 Answer from Attorneys

Without looking at the form, I cannot really comment. Is your aunt's estate in Pennsyvlania? Or in another state? If it is in another state, then you need to ask a probate attorney in that particular state.

Generally, a waiver of consent to probate allows whomever is the personal representative of your aunt's estate to submit her will. Being able to probate your aunt's will says nothing about who will be the beneficiaries. Some states may require that the personal representative notify the heirs.

Bottom line - if you believe that the personal representative will probate the estate according to law and that he/she is submitting a valid will, then it probably would be okay to sign the document. You would not be giving up any rights to inherit by signing. If you are named as an heir, you would still get your inheritance (assuming all the claims have been paid).

If you believe there is something funny going on (such as where someone prevailed on your aunt to make a new will shortly before her death) or that there is another will, or that the will sought to be probated may be invalid for any other reason, or you object to whomever is the personal representative, then do not sign the waiver and go speak with a probate lawyer in the county/state where your aunt lived at the time of her death to determine whether you should file what is called a caveat.

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Answered on 9/05/11, 10:59 pm


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