Is There a Time Limit to Apply to Probate in New York?

When someone close to you dies, your world may come to a screeching halt. But the truth is that the world keeps going, clocks keep ticking, and if you’ve been named your loved one’s estate executor, then you’ve got a big responsibility ahead of you.

In some cases, you may have to apply for probate in order to validate the will and get started on settling the estate. Probate can be a rather bureaucratic process that requires a significant amount of paperwork, and getting started on it sooner rather than later will ensure that beneficiaries receive their inheritance in due time and you’ll be able to go back to your regular life as soon as possible.

In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you’re in New York, there’s no designated timeline for filing a request to validate the will with the probate court.

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However, the lack of a formal deadline is not an invitation to procrastinate. If probate is necessary, then it should be applied for as soon as possible. A delay in filing for probate can create a lot of problems, including:

• Creating issues with beneficiaries who want their inheritance as soon as possible.
• Accumulating unnecessary fees and expenses.
• More paperwork: If you take over six months to apply for probate, the New York Surrogate’s Court may require you to submit an affidavit explaining why you delayed the filing, and may launch an investigation.
• Creditors may not be able to file their claims in time if the estate owes them money.
• The estate’s value may depreciate, thereby causing further complications with beneficiaries.

As such, we highly advise estate executors to jump-start the process of applying for probate as soon as possible. If you find yourself overwhelmed, don’t worry. We have an experienced team who are happy to guide you through every step of this process so that you don’t spend any more time and money than necessary during this difficult time. Get in touch today for a free consultation.