How much time after a testator diesdoesa family have to start the probate process?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How much time after a testator diesdoesa family have to start the probate process?
Asked on October 12, 2010 under Estate Planning, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for you loss. The time constraints provided by the procedural law for the probate of estates differs from state to state and is best answered by an attorney within the state. However, in a general reading of the statutes in Indiana there does not appear to be a time constraint to start the probate process. If, however, the party holding the Will refuses to produce it for probate, there can be a demand made to do so in the courts and the failure to produce it within the time constraints set by the judge will result in a contempt order against the party holding the Will. Seek legal help here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.