WAIVER AND CONSENT - SAMPLE LANGUAGE

 

The following are samples of common uses for the waiver/consent form.  You may need to make changes, or include different language, if called for in your situation.   

 

Application\Petition for Probate

 

Intestate (Without a Will)

I, _ (Name) __, being interested in the estate as __ (Spouse, Child, etc.)__, acknowledge receipt of a copy of the application\petition requesting the appointment of __ (Name) __ as Personal Representative of the Estate, (1) and consent to the granting of the petition and waive notice of hearing.

 

Testate (With a Will)                

I, __ (Name) __, being interested in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of the will of the Deceased dated______(2), a copy of the application\petition of __(Name)__ requesting admission of the instrument to probate and for the appointment of __(Name)__ as Personal Representative of the estate and that the heirs of the estate be determined,(1) and waive notice of hearing.

 

Accountings

 

I, __ (Name) __, being interested in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of the __

(First, Second and Final, etc.)__ Account of __ (Name) __, Fiduciary of the estate, and the petition to allow the account (1), including Fiduciary fees of $_____ and Attorney fees of $______.  I consent to the allowance of the account and granting of the petition, and waive notice of hearing.

 

(Note:  If final account in a deceased estate, add:  I further consent to the schedule of distributions and to the discharge/termination of the Personal Representative and waive notice of hearing.)

 

Approval of Sale or Mortgage of Real Estate

 

I, __ (Name) __, being interested in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of the petition for Sale/Mortgage of Real Estate, and consent to the granting of the petition and waive notice of hearing (1).

 

Guardianship/Conservatorship

 

I, __ (Name) __, being interested in the estate as __ (Spouse, Devisee, etc.)__, acknowledge receipt of a copy of the petition requesting the appointment of __ (Name) __ as Guardian/Conservator of the Person/Estate of __ (Name) __, consent to the granting of the petition and waive notice of hearing. 

 

(1) Include any additional matters requested in the petition.

(2) Include and identify any codicils in the same manner.

 

If you have questions please contact an attorney. 

 

Rev. 5\12