What Is a Waiver of Notice?

A waiver of notice is a document individuals sign that legally waives their rights to recei🍌ve formal notices regarding certain probate issues.

For example, let's say that a family patriarch passes away and the estate is to be distributed among 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 place. When this is done, courts can accelerate the probate process, benefitting the heirs by ultimately allowing them to receive their inheritances faster.

A waiver of notice can be a massive timesaver for all relevant parties. However, it does not affect an individual's right to information. Rather, it simply means they may be excluded from prior notices.

How a Waiver of Notice Works

Probate courts mainly deal with vital and sensitive issues such as wills, estates, and trusts. Therefore, interested parties are entitled to receive adequate notice about any probate hearings. A waive🌼r of notice allows a representative to attend in the place of an heir, which can save both time and money as these proceedings nor൩mally subject heirs to lengthy waits and high legal fees.

There are potential downsides to waivers of notice. Namely, by signing one, it is 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 h🐷earing 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 not💟ice allows them to do so, even if every board member isn't available to attend at a moment's notice.

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 at🐼tached as evidence to the minutes of the meeting in question.

The Bottom Line

A waiver of notice can expedite proceedings in probate court, but it can be difficult for an heir who has signed one to later revoke it. In corporate settings, an alternative to a waiver of notice may be used in its stead, such as a conditional waiver—for example, for an emergency meeting—or a limited waiver that only applies to certain issues.