Waiver of Notice: What it is, How it Works

What is a Waiver Of Notice

A waiver of notice is a document individuals sign that legally waives their rights to receive formal notices regarding certain probate issues. For example, let's assume a family patriarch passes away, and that their estate is meant to be distributed among their three children, who are the sole heirs. Under normal circumstances, the probate court must issue a public notice regarding proceedings pertaining to the probate of the patriarch's will. However, if the named heirs—all of whom have deeply vested interests in the assets—consent to waivers of notice, an appointed administrator or executor may attend in their places. By sending such representatives in their stead, courts can accelerate the the probate process, thus benefitting the heirs by ultimately allowing them to receive their inheritances faster, as a result.

Simply put, a waiver of notice can be a massive timesaver for all relevant interested parties. But it should be made clear that a wavier of notice does not affect an individual's right to information. Rather, it simply means they may be excluded from prior notices about certain iterative steps in the probate process.

Breaking Down Waiver Of Notice

Probate courts mainly deal with vital and sensitive issues such as wills, estates and trusts. For this reason, generally speaking, interested parties are entitled to receive adequate notice about any probate hearings. But waivers of notice allow a representative to attend, which can save both time and money in proceedings that would normally subject heirs to lengthy waits and high legal fees.

There are potential downsides to waivers of notice. Namely, by signing one, it will be difficult for an heir to later contest the estate by challenging the validity of a will or choice of executor. In the probate process, a hearing is required to make these challenges.

Waiver of Notice for Corporate Purposes

Waivers of notice don't solely apply to the process of probating a will. These legal documents can also be useful when a corporate board of directors or similar governing group needs to hold an emergency meeting. The notice allows them to do so, even if every board member isn't available to attend at a moment's notice. But more importantly, a notice provides an assurance that the proceedings of a meeting where notice is waived will be considered legal and valid if it is later challenged. In these cases, corporate attorneys recommend all directors sign a waiver of notice ahead of the meeting or a waiver of notice for future meetings. Copies of the signed waivers should be attached as evidence to the minutes of the meeting in question.