Consent to probate

[puravida1969]

What is the name of your state (only U.S. law)? New york

Hi. I am the named executor in my fathers will. I am petitioning to probate the will in a New York surrogate court.

I understand I must make sure no other beneficiary objects my petition. Which form I should send the other heirs for consent. Shall I send:

"Waiver of Citation, Renunciation and consent to appointment of administration"

or

"Waiver of process: Consent to probate"

The forms are similar, please let me know the difference and which one I should send to my sister and step mom to sign.

Thanks

 

[anteater]

Not being in New York and not being familiar with the forms, I hesitate to make a definite statement, but...

A "Waiver of Citation, Renunciation and consent to appointment of administration" would likely be applicable if your father died without a will. For the court to appoint you as the estate Administrator, others with a right to appointment would need to renounce that right and consent to your appointment.

 

[puravida1969]

Thanks anteater. I think you are right. I re-read the forms for the 13th time and I think the key is the difference between letters of Administration versus Testamentary.


"Waiver of Citation, Renunciation and consent to appointment of administration" - This is gain consent for Letters of Administration ( without a Will )


"Waiver of process: Consent to probate" - this is to gain consent for letters Testamentary ( with a Will )