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?

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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

Answers:

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

Answered 6 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.


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