Legal Question in Wills and Trusts in Alabama

waiver of probate of will

I recieved a waiver of probate for the will of my grandmother. it is requesting to waive notice of probate and accept Roy as the executor.

Should i see the will before i sign?

Will this waiver a standard procedure?


Asked on 1/30/07, 12:20 pm

2 Answers from Attorneys

Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: waiver of probate of will

Such waivers are typically standard practice to minimize probate/attorney costs, which obviously reduces all the beneficairies' share of the estate. However, pay particular attention that the waiver does NOT also state that you irrevocably waiver or give up any right to later contest that will. You are only agreeing to the entry of the will as your grandmother's valid last will and testament. Typically, the attorney should have also sent you a copy of that will, and if not, you may wish to request a copy of her Will BEFORE you sign any requested waiver. seek the help of a local attorney if you have any Qs and if we can be of further help to you and/or your attorney here in Alabama, please let us know. Good luck, Chip

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Answered on 1/30/07, 1:33 pm
William Nolan Nolan Elder Law LLC

Re: waiver of probate of will

I agree with Chip. You should automatically be provided a copy of the will that is being admitted to probate. Be sure that the date of the will mentioned on your waiver is the same will that is sent to you too.

William Nolan

www.NolanElderLaw.com

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Answered on 1/30/07, 1:56 pm


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