What forms do the heirs need to sign?

The forms and signing requirements vary from state to state but often consist of the following types of forms: 

  • Waiver of Bond: If all heirs sign waivers of bond, the court will often waive the bond or set the minimal bond. Signatures on waivers for bond are not required but are often helpful.
  • Waiver of Notice: In some cases, heirs have the option to waive their right to formal notice, all this means is that they don’t wish to receive official mail notifying them of various actions during the probate process. Signatures on waivers for notice are not required but are often helpful.
  • Waiver of Accounting: The accounting is a formal outline of the finances and how they were handled during the probate process. Accounting can be beneficial to account for changes in assets and provide insight on the actions taken. However, in straightforward cases where there is no concern or discrepancies, it may make sense for heirs to waive the requirement. Signatures on waivers of accounting are not required but are often helpful (not accepted in all states).
  • Consent: Consent forms are used to indicate an interested party has reviewed the information in the petition (or other filings), and agrees and consents to the document’s contents.

 

Some states require all interested parties to sign a consent before anyone is appointed

  • Renunciation/Waiver of Right to Appointment: A renunciation or Waiver of Right to appointment is used when there is an individual with equal or higher priority for appointment. This form is used to decline an appointment formally and often includes the option to nominate someone else to act. 
  • Receipt: These forms are often used when assets are distributed to heirs or beneficiaries to verify that they have received the assets they are entitled to. While not all courts require these forms, it’s a best practice to have heirs sign off verifying assets have been distributed so that all actions are accounted for. 
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