Admitting the Will to Probate

Admitting the Will to Probate

Admitting the Will to Probate

Admitting the Will to Probate

Until the WILL is admitted to probate as a WILL, it is referred to as a "paper writing." Let us face the situation with which you are confronted. Your father has died, and his WILL is in the office safe of the family lawyer. Before the funeral you called the lawyer and found out that you and he had duplicate copies of the burial instructions. There was no problem in arranging the funeral and the day after the funeral you called at the lawyer's office. The WILL was removed from the vault and five photocopies were made. The lawyer gave you one photocopy, and then took the original WILL and two photocopies to which he attached affidivits of accuracy, to the Clerk of the Surrogate's Court where he filed the WILL and the copies. He filled out a petition and since you were named as the executor, you signed the petition and it was filed in court.

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As your father had told you, he left everything to your mother. The lawyer then explained to you that you, your brother, and your two sisters had the right to file objections to the WILL, and that it would be necessary for your brother and for each of your sisters either to "waive citation," that is sign a paper consenting to the admission of the WILL to probate, or to be served with a "citation" or notice that on a particular day, probably twenty or thirty days in the future, the "paper writing" would be offered for probate as a WILL.

The lawyer explained to you that he, his partner, and the young lawyer who had worked for them but who was no longer with their firm, had been the witnesses to the WILL. Your state required only two witnesses, but your lawyer had taken the precaution of having three witnesses. You told the lawyer that you were sure your brother would consent to the WILL and that you were sure about one sister, but you did not know about the other sister, because she was married to a lawyer who did not get along with your mother. Under the circumstances, your lawyer prepared a "waiver," in effect a consent to the probate of the WILL, to be signed by your brother and by the sister who would consent, andobtained a "citation" for your other sister, so she could be served with the citation if she did not consent. While you were in your lawyer's office, you called your brother and he came right over and signed his "waiver of citation." You then called your first sister, and after calling her husband, she called you back and said that she would be happy to sign if you stopped by at her house that evening.

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