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Is there a deadline when a person can file in NY probate court?

New York, NY |

Is there a deadline when a person can file in NY probate court?

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Attorney answers 3

Posted

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.

Posted

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.

Posted

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.

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