You do not want to waive notice in Probate.

The option is always up to you. However, it’s a bad idea to waive notice in probate. Under the rules, heirs and legatees are permitted to consent to the appointment of a representative and then waive notice of hearings on the petition, rights to require formal proof of the Will and to contest the admission or denial of admission of the Will to probate, and notice of rights in independent administration.

Typically, probate matters involve family members who are also dealing with the loss of a loved one. To prevent family members from becoming long term litigants be open and upfront with one another. Knowledge is a powerful tool. Even in situations that involve family, keeping informed is important. It is a simple task to require notification of events. It is a difficult task to recreate the past to correct a wrong doing.

Often, representatives do not intend to make a mistake, but mistakes can happen anyway. By receiving notice of every event in probate, you have the ability to take an active role. Information such as listing a property with a real estate agent or letting it sit as a FSBO for a year is imperative for heirs and legatees to be aware of.

Representatives can not waive your notice rights for you and will not take issue with you wanting to be notified. Understanding that everyone deals with death differently does not change your need to ensure your loved ones intentions are honored. The best way for heir and legatees to honor their loved ones is to hold onto their rights and not waive notice.