When a loved one passes away, it’s natural to feel overwhelmed by grief and uncertainty. Amidst the emotional toll, there are often legal matters that must be addressed—especially when the person who passed owned assets in their name alone. In these situations, a court must appoint someone to handle their financial and legal affairs, a role known as the executor or administrator of the estate.
If you’ve recently received a document called a waiver of citation, you may be wondering what it means and whether you need to take action. In this blog post, we’ll explain what a waiver of citation is, the situations in which it may arise, and what it means for you and your family.
What Is a Waiver of Citation?
A waiver of citation is a legal document used in probate proceedings—the court-supervised process of administering a deceased person’s estate. The citation is the formal notice that probate has been filed and that someone is seeking to be appointed executor or administrator. When you sign a waiver of citation, you’re telling the court that you don’t need to receive that formal notice and, more importantly, that you are not contesting the process or the person seeking to be appointed.
The waiver of citation can serve slightly different purposes depending on whether the person who passed away left a will or not.
Scenario 1: The Person Passed Away With a Will
If your loved one had a valid Last Will and Testament, that document typically names an executor—the person they trust to carry out their wishes and handle their estate. In this situation, when you receive a waiver of citation, signing it means:
- You acknowledge that the decedent’s will is valid.
- You have no objections to the executor named in the will.
- You are formally waiving your right to contest the executor’s will or appointment in court.
By signing the waiver, you’re allowing the probate process to move forward more quickly and smoothly. You say, “I understand what’s happening, and I’m okay with it.”
Scenario 2: The Person Passed Away Without a Will (Intestate)
When someone dies without a will, they are considered to have died intestate. In these cases, the court must appoint an administrator legally authorized to manage and distribute the estate according to state law.
If you receive a waiver of citation in this context, signing it means:
- You do not object to the person petitioning the court to be appointed administrator.
- You are waiving your right to be formally served with notice and contest their court appointment.
As in the first scenario, signing the waiver allows the legal process to proceed without unnecessary delays or complications.
Do You Have to Sign the Waiver?
It’s important to understand that you are not required to sign a waiver of citation. If you have concerns about the will, the named executor, or the person petitioning to be administrator, you have the legal right to raise those concerns with the court.
Reasons you might not want to sign could include:
- You suspect the will is invalid or was created under pressure or duress.
- You believe the named executor or proposed administrator is unfit or has a conflict of interest.
- You feel your rights as a beneficiary or heir are not being considered.
If you’re uncertain about what to do, it’s best to consult an attorney before signing anything.
Why This Document Matters
Probate is a process that affects every legal heir or named beneficiary, whether or not they are involved in the day-to-day administration of the estate. The waiver of citation helps streamline this process, mainly when everyone involved agrees. However, it’s a legally significant document—once signed, you may give up certain rights to challenge decisions later in the process.
That’s why it’s essential to understand what you’re agreeing to and ensure your interests are protected.
We’re Here to Help
If you’ve received a waiver of citation and aren’t sure what it means or whether you should sign it, don’t navigate this alone. At Miller & Miller Law Group, we help individuals and families understand their legal rights and responsibilities during loss and transition.
Contact us today for a comprehensive consultation. We’ll explain the probate process, answer your questions, and help you make informed decisions based on your unique situation. Be sure to mention this article when you call so we can tailor our advice to your specific needs.
This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure that you make informed and empowered decisions about life and death for yourself and the people you love.
