An interested party in a probate, guardianship estate or trust will have their rights, protected by statutes and court rules. When a request is made to the court, the interested party has the opportunity to provide their consent on the request made, or to waive their rights. If the interested party is inclined to do either, they will want to complete the Waiver and Consent form.
The Waiver and Consent form is a State Court Administrative Office form. If you need a copy of this document, reach out to us. We can provide you with this form, as well as many other important court forms.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Waiver and Consent form is no different. The Waiver and Consent form is associated with MCL 700.1402, which states:
(1) Except as provided in subsection (2), a person, including a guardian ad litem, conservator, or other fiduciary, may waive notice and consent to the granting of a petition by a writing signed by the person or the person’s attorney and filed in the proceeding. If every person affected by the proceeding waives notice and consents in writing to the granting of a petition, the court may enter an appropriate order on the petition without a hearing.
(2) A person for whom a guardianship or other protective order is sought, a ward, or a protected person cannot waive notice. A fiduciary shall not waive or consent on a petition, account, or report made as the fiduciary or in a different fiduciary capacity.
In addition to this statute, the Waiver and Consent form is pursuant to MCR 5.104(B). To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.