Q: In a probate case, if a legal heir assigns her interest to another, is an accounting to her required or not?
As a result of the assignment, I am now the sole beneficiary. I am also the administrator of the estate. I would like to know if I need to sign a waiver of accounting and if the assignor also needs to sign a waiver.
A: I recommend that both of you sign waivers, however, technically you may not need to sign a waiver.
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A:
After the heir assigns all rights in the estate to you, you typically become the sole beneficiary. This usually means the assignor no longer has a stake in the estate’s assets or the final distribution. As a result, the court may not require an accounting to be provided to the assignor.
You still have the right to request a formal accounting for your own records, although you can waive this if you prefer a quicker process. In that case, you would sign a waiver of accounting on your own behalf. The assignor might also sign a simple document confirming they have relinquished all interests and do not need any further estate information.
You may still want to check local court rules to see if there’s a requirement for the assignor to sign a waiver. If the court or any third party requests proof of the assignor’s intentions, having that document on file can prevent future disputes. You can always consult a probate attorney for further guidance based on your situation.
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