How long after someone dies can you apply for probate?

as soon as you get a death certificate
before rigor sets in.

There is no time limit


I challenge you to find the particular statute which refutes my post.

Also, a death certificate is not required in ANY state to file probate. it IS required for letters testimentary which will be required for the executor to be appointed and to have powers over the estate.


How long a claim against the estate is allowed to be filed depends on the state in which probate is filed. Some jurisdictions allow for a claim to be filed up to one year after Probate closes.

NOW do you get the point of my post?


New Mexico:
The general rule in New Mexico is that a probate case cannot be started until 120 hours (5 days) after someone dies and should be opened within three years of a person's death. If three years or less have passed since a person died, you can usually open a probate for estates with or without a will in either the probate or district court.

A few exceptions to the general three-year rule exist. One exception allows an informal appointment of personal representative more than three years after a person's death for the purpose of confirming title to the appropriate successors. The personal representative has no right to possess estate assets other than to confirm title. Creditors' claims, other than expenses of administration, cannot be presented against the estate at this late date. This type of informal appointment can be filed in the probate or district court if the person died intestate (without a valid will).

In Nevada, a person in possession of the deceased person’s will must file it with the court within 30 days of the death.

A Utah probate must be filed within three years of the decedent's death. No mention in the Probate Code as to the earliers time it can be filed except as mentions a copy of the will or intestate probate.

Missouri Revised Statutes Chapter 472 makes no mention of the requirements necessary to open probate as to time after death.
You need to have all the bills paid and any outstanding expenses accounted for. It takes about 90 days.
You should do it as soon as possible. The estate won't be distributed until you do. If you are a creditor of the diseased you usually only have a set limit of time (varies by state - usually about 90 days) to make your claim or you lose it - even if it was millions of dollars. If you are a person with an interest and need to challenge for it, you will not be able to do so if probate closes. No matter how unjust the outcome, a probate court won't be reopened once it closes. (this may vary by state but I'm pretty sure it is what it is).

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