How soon should a probate claim be filed after a person has died?

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How soon should a probate claim be filed after a person has died?

Asked on September 25, 2012 under Estate Planning, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are asking about filing a probate after a person has died with his or her Will, then as a matter of course such usually is within 60 days or so. However if you are a creditor who has been given notice of a probate filing and you need to submit a claim, then such per code must be within a certain period of time per each state's code. Typically six (6) months or less after letter's testamentary are issued.

Failure to do so in such time will bar your claim as a creditor.


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