# Waiver of Notice: What It Is and How It Works

![A company representative frowns as they sign a waiver of notice document.](https://www.investopedia.com/thmb/ia-LDvXpGBPxtZmE9Kq_EsnrTQM=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/WaverofNotice-c3eb8f714b404c75ab8b444bfb007889.jpg)

*— mgstudyo / Getty Images*

> **Definition**
>
> A waiver of notice is a legal document that is used to waive the requirement of formal notification and is often used to expedite legal proceedings.

## What Is a Waiver of Notice?

A waiver of notice is a document individuals sign that legally waives their rights to receive formal notices regarding certain probate issues.

For example, let's say that a family patriarch passes away and the estate is to be distributed among three children who are the sole heirs. Under normal circumstances, the probate court must issue a public notice regarding proceedings pertaining to the probate of the patriarch's will. However, if the named heirs—all of whom have deeply vested interests in the assets—consent to waivers of notice, an appointed administrator or executor may attend in their place. When this is done, courts can accelerate the probate process, benefitting the heirs by ultimately allowing them to receive their inheritances faster.

A waiver of notice can be a massive timesaver for all relevant parties. However, it does not affect an individual's right to information. Rather, it simply means they may be excluded from prior notices.

### Key Takeways

*   A waiver of notice is a document that someone signs to waive their right to notification—for example, prior to a legal proceeding.
*   For heirs, signing a waiver of notice allows a probate court to proceed with will hearings in their absence.
*   Waivers of notice are helpful in expediting the legal process, while cutting down on often costly administrative court fees.
*   These legal documents are also used in corporate settings, to allow boards of directors congress without all members present.

## How a Waiver of Notice Works

[Probate courts](https://www.investopedia.com/terms/p/probate-court.asp) mainly deal with vital and sensitive issues such as wills, [estates](https://www.investopedia.com/terms/e/estate.asp), and trusts. Therefore, interested parties are entitled to receive adequate notice about any probate hearings. A waiver of notice allows a representative to attend in the place of an heir, which can save both time and money as these proceedings normally subject heirs to lengthy waits and high legal fees.

There are potential downsides to waivers of notice. Namely, by signing one, it is difficult for an heir to later contest the estate by challenging the validity of a will or choice of executor. In the probate process, a hearing is required to make these challenges.

> **Important**
>
> For heirs who wish to keep a close watch on the probate process, a waiver of notice may work against them, and they should decline to sign one.

## Waiver of Notice for Corporate Purposes

Waivers of notice don't solely apply to the process of probating a will. These legal documents can also be useful when a corporate [board of directors](https://www.investopedia.com/terms/b/boardofdirectors.asp) or similar governing group needs to hold an emergency meeting. The notice allows them to do so, even if every board member isn't available to attend at a moment's notice.

More importantly, a notice provides an assurance that the proceedings of a meeting where notice is waived will be considered legal and valid if it is later challenged. In these cases, corporate attorneys recommend all directors sign a waiver of notice ahead of the meeting or a waiver of notice for future meetings. Copies of the signed waivers should be attached as evidence to the minutes of the meeting in question.

## What Are the Risks of Signing a Waiver of Notice?

There are several potential risks of signing a waiver of notice. Chief among them for an heir is that it makes it difficult afterwards to contest a will or the way in which the estate is distributed among heirs. For corporate stakeholders, signing may lead to conflicts over the legitimacy of actions taken without notice.

## Can I Refuse to Sign a Waiver of Notice?

Yes, you can refuse. The consequence will be that you retain your right to formal notice but the legal proceeding may be delayed.

## Is It Possible to Revoke a Waiver of Notice?

Courts don't take lightly the withdrawal of a waiver of notice. The party or person who requests a revocation must show that the waiver was obtained by fraud or overreaching, was the product of misrepresentation or misconduct, or that newly discovered evidence, clerical error, or other sufficient cause justifies revocation.

## The Bottom Line

A waiver of notice can expedite proceedings in probate court, but it can be difficult for an heir who has signed one to later revoke it. In corporate settings, an alternative to a waiver of notice may be used in its stead, such as a conditional waiver—for example, for an emergency meeting—or a limited waiver that only applies to certain issues.  

> **Article Sources**
>
> 1.  Upcounsel Technologies. "[Waiver of Notice: Uses, Risks, and Legal Requirements](https://www.upcounsel.com/waiver-of-notice-and-consent)."
>     
> 2.  Bashian PC. "[Revoking a Waiver and Consent Is Not as Easy as You Think](https://www.bashian-law.com/blog/2015/07/revoking-a-waiver-and-consent-is-not-as-easy-as-you-think/)."