What is an Acknowledgement of Service & Assent to Probate Instanter?
Should you sign one?
What happens if you do?
These are common questions we hear in our office.
We’re going to answer them in this article.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
What Is The Acknowledgement of Service & Assent to Probate Instanter form?
The Acknowledgement of Service & Assent to Probate Instanter form is commonly used to open an estate when the Deceased left a Last Will and Testament.
Typically, the Executor nominated by the Will will send this form to each Heir of the Estate and ask them to sign it.
Having signatures from all heirs will make it much simpler for the Executor to open the Estate.
But, as an heir, should you sign the form?
And, what happens if you do?
What Happens When You Sign an Acknowledgement of Service & Assent to Probate Instanter?
When you sign you are stating that:
- You have seen and reviewed the Will.
- You have seen and reviewed the Petition to Probate Will.
- You agree with and approve of both of those documents.
In addition, you are waiving your right to contest the Will or the Petition.
Whether you should sign an Acknowledgement of Service & Assent to Probate Instanter depends on the situation in your case.
If you feel completely comfortable with the Will and the person who is nominated as Executor, then there is no harm in signing the form.
When Shouldn’t You Sign?
If you have any concerns or reservations about the Will or the nominated Executor, then you will be waiving your rights to voice those concerns and bring a legal challenge in Probate Court when you sign.
As a result, if you believe you may want to challenge the Will or the Nominated Executor, we recommend that you do not sign the Assent to Probate.
Instead, we recommend that you reach out to our team for a complimentary consultation to determine if an objection makes sense in your case.
Everything discussed in this article is for general information and is not legal advice.
If you need help settling an estate in Georgia, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.