How long after a person has died can their Will be admitted to probate?

UPDATED: Mar 30, 2015

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How long after a person has died can their Will be admitted to probate?

I found 2 Wills from my great grandparents. My grandma had them in her safe and forgot about them. My grandma is named a recipient of assets from both of them. When they passed she never got anything. But when I looked up if either had probate proceedings, neither did. Is it too late to file them? It’s been maybe 8 years since they passed. I think my grandma’s sister must have claimed all their properties.

Asked on March 30, 2015 under Estate Planning, California


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

Answered 7 years ago | Contributor

I would go and speak with an attorney in your area on this matter.  If there was an estate that was probated and no Will was found at the time, your Grandma would have inherited under the intestacy statute as a child of the decedents.  She should have gooten notice and if she did and did nothing then it is most likely too late.                                                                   

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