What is the timeframe from death to probating will?

Asked 10/31/2009 under Wills, Trusts, Probate | 456 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Time limits usually begin following the decedent's date of death and vary from state to state. For example, in Montana, the time limit for probate is 3 years following the decedent's death. In Ohio, however, the time limit is much longer at 20 years following the decedent's death. Some states have no time limits for filing a will for probate.  It is my understanding that California is one of the states that has no time limit.  However, it is important to consult an estate attorney in your area to confirm my understanding.

Also, taking your time to probate a Will is one thing.  There are other time frames - such as filing of tax returns etc., - that do have time frames.  Also, institutions - such as banks that hold mortgages - are going to want to be paid on time for debts owed. An attorney can help you understand what you need to do and when and the best way in which to do it.  Good luck.

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