An "Acknowledgment of Service and Assent to Probate Instanter" is a form to verify that all the heirs of the deceased must acknowledge that they have received a copy of the will and the petition to probate and that they agree to allow the probate to go forward.
However, the moment your dad died, if your mom was the only beneficiary, she is still the only beneficiary. Contingent (secondary or tertiary or "next in line") beneficiaries never count, as long as there is a living beneficiary. None of them matter from instant of death forward.
While she is living, your mother is the only one who needs to sign the form if she is the only beneficiary. If your mother dies before your father's probate is complete, then her estate is the beneficiary.
A word to the wise: I never recommend that people handle the complexities of probate on their own. If everything was that easy, there wouldn't be a market for probate lawyers because they would not be necessary. That area of practice would have fizzled out decades ago.
To Your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 18th, 2012 at 1:40 PM