Legal Question in Wills and Trusts in Pennsylvania

What is a Waiver of Process/Consent to Probate form? Is it signing away my rights to part of an estate I might have inherited?


Asked on 1/27/11, 4:44 pm

1 Answer from Attorneys

I would have to see the form, but from your description, the answer is no. Beneficiaries have to be notified in some states. The personal representative has to submit the will for probate. The beneficiaries are notified. If there is no will, the personal representative is called an administrator; if there is a will, they are called an executor. The notice comes from either the probate court or the personal representative of the estate. Unless the benefficiaries have a problem with the personal representative being appointed, then it is ok to sign. The personal representative's job is to find out what the deceased person owned and what they owed, to pay any final bills or claims and give what is left to the persons named in the will or the heirs under the intestacy law if there is no will.

If there is a question about the validity of the will, or if the person who is the personal representative is not good with money or should be otherwise disqualified (like if they have a felony conviction and are prohibited from being appointed), or if there is no will and you just do not like the person who wants to be appointed as personal representative, then get to an attorney now and let them look at the form. In that case, you should not sign it and you may want to file an objection.

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Answered on 1/28/11, 7:54 am


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