Generally, the probate process must begin within 4 years of the death of an individual. However, different rules apply if the decedent died with a will or without a will.
Probate Without a Will
The probate must be initiated within 4 years of the individual's death if the estate requires an administrator to manage and liquidate the estate. This rule doesn't apply when the estate needs an administrator to recover the estate's property.
Probating a Will
The courtwill not probate a Will brought to the court four years after the testator's death. This is true unless the applicant demonstrates he or she was not in default for failure to present the will on time. Additionally, the applicant must notify all individuals who would inherit if there were no will. These individuals can challenge a Will not probated within the 4 years timeframe.
