Q: When would the statute of limitations start for filing a probate claim begin ?
A: Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk. However, if a non-standard probate process is being used (like summary administration), creditor claims are due within about one month after the notice is filed. There are a couple of exceptions to these general rules for out-of-state creditors and mortgages.
If you are asking about probating an estate, there is no statute of limitations. Depending on the specific circumstances, the passage of time can make probating the estate easier or harder.
Feel free to contact me directly if you have any follow up questions.
Tyler R. Barrett agrees with this answer
A: I agree with Mr. Fleischer’s response. While there is no specific statute of limitations on starting the probate process, I would recommend at least consulting with an attorney. If there is a will and you are named executor, you may have certain legal obligations relating to the deceased’s estate. Failing to uphold your duties could place you in legal jeopardy. So, again, you should speak with an attorney as soon as possible.
Matt Fleischer agrees with this answer
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