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If you sign the Waiver and Consent, you are stating that you agree that your mother’s Will is a valid and that you consent that the person nominated in the Will may be appointed as the Executor of the Estate. What Happens If I Sign the Waiver and Consent Document? If every distributee signs this Waiver and Consent it can save the estate significant time and expense. The Waiver and Consent is used to speed up the process when everybody agrees that the Will is valid and that the Will should be admitted to probate. This formal notice is known as a “Citation”. If your mother died without a Will, her spouse and her children are “interested parties” and “distributees” which means that those parties would inherit from her estate if she died without a Will.Ī person seeking to probate a Will in New York must either obtain this signed Waiver and Consent from every distributee of the estate, or go through a longer and more expensive process of obtaining a court date and serving formal notice on all distributees that do not consent. The law requires that every person that has an interest in the estate be given notice and an opportunity to object to the Will. However, the Executor must first be appointed by the Surrogate’s Court. Most people think that upon death, the Executor is automatically empowered to act. Probating a Will means that the Executor is submitting a petition to Court and asking that the Court issue “letters testamentary” which allow the Executor to act. Question: My mother recently passed away and I received something in the mail called a “Waiver of Process Consent to Probate”, what does this document mean?Īnswer: You received this document because the Executor is trying to “probate” your mother’s Will.