If I choose not to put my brother’s Will/estate through probate, is there a statute of limitations on contesting the Will or claims against the estate?

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If I choose not to put my brother’s Will/estate through probate, is there a statute of limitations on contesting the Will or claims against the estate?

Asked on June 30, 2013 under Estate Planning, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have to place your brother's Will through probate if you want to close out his estate and not be responsible to his creditors for unpaid bills. The statute of limitations for you to do what you want to do ordinarily will be three to four years post the last payment on an account made by you or your brother to his creditors.


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