Waiver of Notice: What it is, How it Works

With 20+ years of editorial experience as a financial journalist and financial services marketing writer, Andrew Bloomenthal provides valuable insights for understanding waivers of notice.

What is a Waiver Of Notice?

Key Takeaways

• A waiver of notice is a document that allows probate courts to proceed with will hearings in the absence of an individual.
• Waivers of notice expedite the process and lower administrative court fees.
• These legal documents are commonly used in corporate settings for board meetings without all members present.

Simply put, a waiver of notice can save time and money for all relevant parties. It’s important to note that a waiver of notice doesn’t affect an individual’s right to information, but rather excludes them from prior notices regarding specific steps in the probate process.

Breaking Down Waiver Of Notice

Probate courts primarily handle vital and sensitive matters like wills, estates, and trusts. Interested parties are generally entitled to receive notice of probate hearings. However, waivers of notice allow representatives to attend, saving time and money by avoiding lengthy waits and high legal fees for heirs.

There are potential downsides to waivers of notice. By signing one, it becomes difficult for an heir to contest the estate or challenge the validity of a will or choice of executor without a hearing in the probate process.

Waiver of Notice for Corporate Purposes

Waivers of notice aren’t limited to probate cases. They are also useful when corporate boards or similar governing groups need to hold emergency meetings. Waivers of notice provide the flexibility to convene meetings even if not all board members are available at a moment’s notice. Additionally, a waiver of notice ensures that the meeting’s proceedings will be considered legally valid if later challenged. Corporate attorneys recommend all directors sign a waiver of notice in advance of the meeting. Copies of the signed waivers should be attached as evidence to the meeting’s minutes.

Important: Heirs who want to closely monitor probate cases should not sign a waiver of notice.