Is there a statute of limitations on probate?

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Is there a statute of limitations on probate?

I believe fraud took place. My father’s sister’s estate went into probate and at that time my father was ill. His sister brought him into her attorney’s office and had him sign a document for money stating he had no interest or future claim in the property/assets in probate? My father passed away a couple years later (16 years ago).

Asked on July 24, 2013 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of California there is a three time period ordinarily to file a claim for fraud from the time of it. If a matter has been probated and the probate estate has been closed, ordinarily in California the time period to file a contest of the state should be done within one year after the estate has been closed. I suggest that you immediately consult with a Wills and trust attorney about the matter you have written about.


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