Forms people are asked to sign
Early in a New York probate, relatives who would inherit without a will are often asked to sign a waiver of citation and consent to probate, which allows the will to be admitted without formal service on them. Signing usually means you will not receive formal notice of the proceeding, and it can make objecting to the will later much harder. At the end of an estate, beneficiaries are commonly asked to sign a receipt and release in exchange for their distribution, which typically releases the executor from further claims about the administration. These documents are routine, and in many estates they are appropriate, but they should be understood before they are signed.
Family settlement agreements
When beneficiaries disagree, or when the will does not fit the family's circumstances, they sometimes sign an agreement that changes how the estate is divided or resolves a dispute. Such an agreement can divide personal property, allocate a house, or settle claims between siblings, and the court may need to approve it in some situations, such as when a minor's interest is involved. Tax consequences can follow when someone gives up part of an inheritance, so the structure matters. A beneficiary who wants to give up an inheritance entirely may do so through a disclaimer, which has its own formal requirements and deadlines.
Reading before signing
Read every document you receive, and ask what you are giving up and what you are getting in return. Request the accounting or summary of assets the executor relied on, so that you can see what a release covers. If a probate agreement involves real estate, check whether it affects title or tax treatment. A first conversation with us usually walks through the documents line by line and flags anything unusual. Many of these papers are straightforward, and we will say so when that is the case.
