it's mom's money

What is the name of your state? massachusetts
we can't find original of dad's will-only unsigned onion skins. there is only one bank account which was not joint with my mother. so my mother is starting probate as administrator of his estate for this one bank account. in massachusetts, spouse will receive 50% and remaining 50% will be divided amongst children. I want to know if my sister and I can just sign-off our share back to our mother. or do we have to go through this process and physically give her the check after probate.

[Dandy Don]

You can't automatically assume that you will be receiving anything from this estate, since outstanding debts and taxes and funeral expenses need to be paid first. You may receive a check if there is anything left over. There is no easy way to avoid probate here, but it is going to be a very simple process, so you don't need to be concerned about doing anything at all.

Thanks Dandy Don, but my concern really is that if money hits sis's hands it may not go back to mom. Is it possible to have a disclaimer/affidavit where the heirs sign over their inheritence rights to the administratrix?

[JETX]

"but my concern really is that if money hits sis's hands it may not go back to mom."
*** That is a HUGE problem to your 'plan', mainly since it is not a decision for you to make on her behalf.
The estate is REQUIRED to be distributed in accordance with state laws. And in this case, without a will, the intestate laws are clear as to what inheritance each party gets, if any. You, nor the administrator, can not change that.

"Is it possible to have a disclaimer/affidavit where the heirs sign over their inheritence rights to the administratrix?"
*** It would be possible, but that does NOTHING to resolve your concern about 'sis' not wanting to release her rights.

We went through this when our father died. No legal will was found, and at the time NY had the same policy (50% to surviving spouse, 50% to children). There were 7 of us, and we signed a waiver/ affidavit stating that we relinquished our claim to the inheritance. One sister was reluctant, but peer pressure succeeded in convincing her. I would seek a Probate Attorney, get the affidavit prepared and make it almost a ceremonious event, where you all meet at the attorney's office to discuss the situation and sign the papers, together. This is just my humble opinion. Good luck.