Is there a time frame from the time one is deceased to a Will gets probated?

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Is there a time frame from the time one is deceased to a Will gets probated?

Asked on January 10, 2012 under Estate Planning, Tennessee

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  To rephrase the question, do you mean is there a time limit with in which you must probate a Last Will and Testament?  In some states yes, there is a specific statute that states that a Will must be probated with in a certain time frame.  And in some states no, there is no specific statute but case law can be informative as to what the courts feel is a "stale" Will and require that if it is being offered for probate after a certain time that it be accompanied by an affidavit explaining the delay.  Good luck.


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