Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

Usually the probate of an estate involves the appointment of an executor.  The executor may serve with bond, or have bond waived.  To waive bond, a filing would need to be made where the petitioner consents to the naming of an executor waiving bond.

Along with the probate petition, the petitioner would file a proof of subscribing witness form with the court.  The proof of subscribing witness is signed by the witnesses of the deceased’s will or codicil document.  The proof of subscribing witness indicates he/she is one of the attesting witnesses of the instrument.  The will or codicil document is attached.  The witness indicates that the decedent acknowledged in his/her presence that the person signed his/her name personally or in his/her direction.  The witness states that the decedent acknowledged the document to be his/her will, codicil.