In WA state, how long after a person dies does probate have to be carried out
3 attorney answers
Richard is, as usual, correct on the specific answer to your question. I would add this even though you didn't ask. A person filing the will may file the will only. Instructions on how to do this provided on link below. You should also consider filing the Petition for Probate at the same time if a probate will be initiated. There are several reasons for doing so but they are mostly to save time and a few dollars. Not legally necessary.
My experience is that there is no statute of limitations on filing a will. Sometimes it doesn't happen. The longest period between the testator dying and the probate opening was twelve years. If the decedent owned real property, it isn't going to transfer to his or her heirs unless or until the estate is probated. If the bills and the taxes get paid, then no foreclosure or tax lien sale will happen.
Hope this helps. Elizabeth Powell
Duty of custodian of will – Liability.
Any person having the custody or control of any will shall, within thirty days after he shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his custody or control any will shall within forty days after he received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.