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consent and waiver

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pastortroy873

Junior Member
What is the name of your state (only U.S. law)? Arizona

i have a consent and waiver form i was told it is so that my step dad can be rep of my moms estate and if we sign that he doesnt have to pay a fee which he would otherwise have to pay. as personal representative what will that let him do, and is that right about the fee.

Here is what the paper says. The undersigned herby consents to the appointment of ______ the decedent's husband, as personal representative of the estate of ______, deceased, in informal appointment proceedings in the above court and waives the requirement that he post a bond.
 


anteater

Senior Member
It allows him to conduct the affairs of your mother's probate estate - identify and protect her assets, identify and pay any legitimate creditors, and distribute the remaining assets according to her will or Arizona's intestate succession statutes if she did not have a will.

A bond protects the creditors and beneficiaries from malfeasance on the part of the personal representative - like running off to Brazil with all the assets. There is a cost to obtaining a bond (the fee) and the estate pays for the bond, which means fewer assets for the beneficiaries. Even if you agree to waiving the bond, you do not waive your right to challenge how he is administering the estate.
 

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