What to do if we were given a Waiver to Process and Entry of Appearance form to sign in regards to a deceased family member’s estate?

UPDATED: Jan 18, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 18, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if we were given a Waiver to Process and Entry of Appearance form to sign in regards to a deceased family member’s estate?

What is this form? We live in a different state and our lawyer has not heard of it.

Asked on January 18, 2015 under Estate Planning, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  In an Estate proceeding heirs at law or those mentioned in a Will need to receive notice that the Will is being offered for Probate or that an Administration (when a person dies intestate without a Will) is being filed.  It could be what the state in which your family member lived requires this form to prove that you have been notified of what is going on and that you have "appeared" in the matter (proving notice given) but the waiver part could be that you waive further notice of what goes on.  Does it state the proceeding for which it is relevant?  Does it say "Probate Court" or something else?  IT should come from the person who is making the application to be appointed as the fiduciary of the estate or their attorney.  If your lawyer has never heard of this then he or she should call up who sent it and get the information to back up the form or call an attorney in that state.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption