Is there a deadline when a person can file in NY probate court?
Landlord / Tenant Lawyer
Unfortunately, you do not explain the circumstances of your particular matter. There are a variety of deadlines that do apply in most court settings; one can 'waive' their rights', depending on the nature of the surrogate court case or proceeding.
If you are referring to a petition to probate a will or to administer an estate, if a significant time has elapsed since the decedent's date of death, the clerk will ask you to submit an affidavit explaining the delay.
Good luck to you.
An executor or administrator may petition the Court at any time to probate a will or administer an estate; however, one should petition the Court as soon as possible in order to avoid:
- expiration of statutes of limitations;
- extra procedural hurdles;
- increased administration costs;
- another individual being appointed to the position; and
- the wasting or forfeiture of assets.
You should certainly act as soon as possible.