frequently asked questions

What is the statute of limitations for probating a Will after someone passes?

What is the statute of limitations for probating a Will after someone passes?

The statute of limitations for probating a Will is four years from the date of death.  However, sometimes the only asset in the estate is real property and because that is typically not sold immediately after a death, people don’t realize they need to probate the Will.  There is a method of passing the real property through the Will after four years called probating the Will by muniment of title.  The applicant in the probate by muniment of title cannot be at fault for failing to probate the Will.   If there is good cause to probate and no fault of the applicant for not having probated the Will, the court can approve the Will as valid and sign an Order stating such.  A certified copy of the Will and Order serves to vest title in the beneficiaries of the Will.   If you need help with probate, contact the Law Office at Roy Neal Linnartz, PLLC at 830-625-9300.