Selden, NY asked in Probate for New York

Q: What happens if you don’t get all notarized signatures back in probate

The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his notarized signature?

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1 Lawyer Answer
Bonnie Lawston
Bonnie Lawston
  • Probate Lawyer
  • Huntington, NY
  • Licensed in New York

A: In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can then proceed, depending on what happens at the return date before the court. The person does not appear either in person or by an attorney. you will then proceed based on the default. You should consult an attorney.

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