I am a widow but we were seperated , I found out that I am suppose to file probate on everything he had but I dont know what the time limit is on probate. His mother said I have no right to file but I am his widow so I was told I am the next of kin and I am the one who has to file it.
Answer:
Statutes of limitations and, in this case, limitations, if any, on the time in which one must make filings, vary by state. You should contact the probate court clerk in your county, or, better still, consult with a local attorney.
There are statutes of limitations on claims against estates of decedents but there is no real statute of limitations on opening an estate itself. An "estate" can be opened long after an individual's death -- usually this is done to clear title to property. So long as there is a legally recognized need to open an estate, a court will entertain it.
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