Yes, there is a time limit which varies from state to state.
There is and generally it is pretty short. Each state has its own statutes of limitation or court rule stating the time limit for contesting a will after being admitted to probate. You must look into that state's laws or court rules for the definitive answer.
Yes, children can contest a will. As a natural heir, they have standing to contest the document. This would be a real good time to consult an attorney that specializes in probate.
If you wish to contest a will by making a claim under the Inheritance (Provision for Family and Dependents) Act 1975, by arguing that inadequate provision has been made for you in the will, this claim must be brought within 6 months of probate being granted. Alternatively, should you wish to contest a will on the grounds that you believe the will to be invalid you can contest at any time - however, the later you leave it the more likely it is that the assets will have been distributed making claiming anything back more difficult. In fact, most solicitors would advise that it would not be possible to contest a will after 6 months from the grant of probate.
Possibly, depending on the facts of the situation and the law of the jurisdiction where the probate was done. Many states limit will contests to short periods of time like 6 months or even less. However, in New Jersey for example, if a person is one that is required to be given notice of the probate but didn't get it and if that person is otherwise not aware of the probate, a court might (stress:might) grant permission to file a will contest out of time. These are rare, because there is a real need to have finality in the transfer of a decedent's property. Consult an experienced lawyer to see if your situation fits the requirements.
If you wish to contest a will by making a claim under the Inheritance (Provision for Family and Dependents) Act 1975, by arguing that inadequate provision has been made for you in the will, this claim must be brought within 6 months of probate being granted. Alternatively, should you wish to contest a will on the grounds that you believe the will to be invalid you can contest at any time - however, the later you leave it the more likely it is that the assets will have been distributed making claiming anything back more difficult. In fact, most solicitors would advise that it would not be possible to contest a will after 6 months from the grant of probate.
The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.The mortgage has nothing to do with the issue. Probate is required any time the decedent owned real property. Legal title can only pass through probate.
There is no time limit on a court order.
There is no specific time frame in Missouri. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
You are out of luck if the estate was probated 10 years ago.
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
The length of probate can vary depending on the complexity of the estate and the specific laws of the jurisdiction. Typically, probate for uncontested wills can take anywhere from a few months to a year to complete. It's best to consult with a probate attorney in your area for a more accurate timeline.
That will depend on the complexity of the estate. There is no definitive answer.