Waivers and Consent - What You Need to Know

When someone petitions the court to become the Personal Representative of an estate, they must send a Waiver and Consent to interested parties. This document requests that the signer waive any right to become the personal representative and consent to the named petitioner being named. It is a standard procedure in probate and estate administration, and it allows the process to move forward without any delays. If you are an heir or executor of an estate, it is important to understand what this document entails. In this blog post, we will discuss waiver and consent in detail and explain why it is such an important part of probate and estate administration proceedings.

The best way to explain waivers and consent is to use an example. Joan, the decedent, had three children: one daughter and two sons. In her will, Joan nominated her daughter as the executor of her estate. To commence a proceeding, the Executor, Joan's daughter, must send a Waiver and Consent to each of her brothers. In that document, the brothers agree to waive any right they might have had at being named the Executor that consent to their sister being appointed as the Executor.

It is important to have all interested parties sign a waiver and consent because it allows the probate process to move forward without any delays. If someone does not want to waive their right to be the personal representative, they can object to the named petitioner. However, this will cause delays in the probate process and could lead to costly litigation.

While waiver and consent is a standard procedure in probate, it is important to understand what you are signing. If you have any questions about the waiver and consent or the probate process in general, you should consult with an experienced attorney.

At Nasser Law PLLC, our team of dedicated probate attorneys can help guide you through the waiver and consent process. We have years of experience handling probate matters in New York and we are here to help. Contact us today to schedule a consultation.