[WSBAPT] Can a PR sign a receipt and waiver on behalf of deceased estate beneficiary to close probate

[msafren at jennylinglaw.com]

Hello Fellow List servers:

 

I had an interesting question and wanted to seek my colleague's advice,
opinion, and insight for a particular circumstance.

 

Facts:

Wife died and is survived by Husband.  Will names adult child as PR.
Husband is sole beneficiary of estate as all property is community property
and Will names Husband as sole beneficiary.  PR administers estate and in
the process of administering estate, Husband dies as well, but long after
any requirements to survive decedent wife.

 

PR is also named as the PR of husband's estate.  Husband's will directs all
estate assets to PR and sibling.

 

Questions:

 

When seeking to close the wife's estate/ original estate, can PR sign
receipt and waiver in wife's estate on behalf of now deceased husband
stating that all estate property has been received and waiving any hearing
requirements?  

 

This would be ideal for the efficiency of the estate administration as the
only beneficiary of the wife's estate was husband and the only beneficiaries
of the husband's estate are PR and PR's sibling. 

 

While a TEDRA agreement is possible, it is extra cost for the estates to
have a TEDRA Agreement drafted and to have to file a new case # just to file
the TEDRA Agreement.  

 

Any thoughts would be greatly appreciated!

 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 



 
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