What happens if I waive the notice requirement in a probate case?
By default, Utah courts require that notice be sent from the court to interested parties (heirs, beneficiaries, family, creditors, etc.) when a probate action is filed and when certain actions are taken by or requested from the court.
Often times, it makes sense for an heir or family member to waive the notice requirement and ask the court to proceed without formal notice being sent.
Before deciding whether you should waive the right to formal notice from the court, you should consider what that means. If you have questions, you should consult with a good attorney.
It does not change your inheritance rights.
Waiving the notice requirement does not change your right to inherit — either through a valid will or through intestate succession proceedings.
In other words, if you are supposed to inherit something under the decedent’s last will and testament, then waiving notice does not change that. Your inheritance rights remain the same.
If the decedent died without a will, then inheritance rights are governed by Utah’s laws on intestate succession. Statutes determine who the heirs are and what they are entitled to receive. Waiving notice does not change that.
It does not change the obligations of the personal representative.
Waiving the right to notice in a probate case does not change what the personal representative (aka executor) is supposed to do. The personal representative should still keep beneficiaries or heirs informed as the estate is administered, as assets are collected, debts are resolved, property is distributed, etc. The notice involved in this waiver relates instead to notice of court proceedings and actions.
It reduces waiting times and should speed things up significantly.
If notice is not waived, then formal notification must be sent before court hearings, before the court can sign letters testamentary or letters of administration, before the court can appoint a personal representative, etc. Once formal notice is sent, then there is a required waiting period (that applies to each separate action by the court), and also a waiting period after notice is sent before the court can take any action.
If all involved parties have waived formal notice, then the court can immediately appoint a personal representative and issue letters testamentary or letters of administration as needed.
If waiting times or delays are a concern, then waiving notice can be a good way to speed up the court processes.
What are the risks?
Risks involved in waiving notice chiefly relate to disputed claims. Such disputes might include a question over whether the decedent left a valid will or had died intestate, or a dispute over a debt allegedly owed by the estate. If there are disputed claims, then requiring formal notice can help ensure that everybody is aware of hearings, court filings, and deadlines.
What if I am not sure whether I should waive notice?
If you have concerns or questions about the effects of waiving notice, you should consult with an attorney who is familiar with the probate process and estate planning. In most Utah probate cases involve family members and do not involve disputed legal issues. More often than not, the advantages of waiving notice will outweigh the burden and delays involved in requiring formal notice. But if you are not sure which step is right for you, consultation with a good attorney is the best idea.