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Typically, children and surviving spouses have the right to administer the estate. And when someone waives their right to do so it means that they are agreeing to allow the other person to perform the duties.
When appointing an administrator of the estate, Ohio law requires that the court appoint the surviving spouse of the decedent, and if none, or if the spouse declines, the court will appoint one of the next of kin of the decedent. In any event, the administrator must be an Ohio resident.
Generally speaking, a waiver of notice is a legal document that waives an individual's right to formal notification. The purpose of a waiver of notice is usually to allow legal proceedings to commence unencumbered by frequent notices, allowing the proceedings to be more timely and efficient.
A Release from Administration is allowed when the assets to be transferred of the deceased's estate is below court set limits. Where there is a surviving spouse, and the assets are under $100,000, or where there is no surviving spouse and the assets are under $35,000 the court permits this shorter procedure.
A waiver of notice is a document an individual signs that allows probate courts to proceed with will hearings in their absence. Waiver of notice are helpful in expediting the process, while cutting down on the often costly administrative court fees.
What Happens If I Sign the Waiver and Consent Document? If you sign the Waiver and Consent, you are stating that you agree that your mother's Will is a valid and that you consent that the person nominated in the Will may be appointed as the Executor of the Estate.