Q: Can a will be probated as a muniment of title if 10 years has passed and the will was never probated?
My husbands will leaves all property to me. Excluding our home, his estate was less than $5000. He has children from a prior marriage. I am dying of cancer and want to leave the house to my son. Are his children entitled to his half of our home even though his wil leaves it to me and specifically excludes his children? I want to change our deed to show me as the only owner so my son can inherit it without involving my stepchildren and this is why I am asking about muniment of title. Is a statute of limitations in effect for them claiming heirship?
Yes, you can probate as a "muniment of title". Our law office actually does this pretty frequently.
So, while there is a 4-year limitation on probating a will, there is an exception if you are "not in default" for failing to probate within 4 years. Basically, you have to give a really good excuse. If you can give a good excuse, then the judge will let you probate the will.
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