How much time after a testator diesdoesa family have to start the probate process?

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How much time after a testator diesdoesa family have to start the probate process?

Asked on October 12, 2010 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for you loss.  The time constraints provided by the procedural law for the probate of estates differs from state to state and is best answered by an attorney within the state.  However, in a general reading of the statutes in Indiana there does not appear to be a time constraint to start the probate process.  If, however, the party holding the Will refuses to produce it for probate, there can be a demand made to do so in the courts and the failure to produce it within the time constraints set by the judge will result in a contempt order against the party holding the Will.  Seek legal help here.  Good luck.


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