Is there a time period in which a Will has to be entered into probate?

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Is there a time period in which a Will has to be entered into probate?

My great aunt’s lawyer is waiting 4 months after her death to review her Will. I am concerned he is abusing his power? She was quite wealthy and had no immediate family. We are concerned he may be adjusting her Will and none of us have been allowed to see it. We want to know if there is any legal right we have to demand at least viewing her Will. Is there s statute of limitations on this?

Asked on July 19, 2011 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Some states have time constraints as to admitting a Will to probate.  The specifics of that is best asked to an attorney in your area.  But regardless you need to know that the attorney can not "adjust the Will" once it is signed and properly bound.  He would be disbarred if he tried to tamper with it.  May I ask: no one has any idea what it says besides the attorney? If you believe that you are a beneficiary under the Will then you have a right to demand a copy and a right to force the executor  - is that the attorney too? - to submit the Will to the courts for probate.  Time to get a lawyer of your own.  Good luck.


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