How many years can an estate probate stay open?
How many years can an estate probate stay open? Assistant at Ascent Law LLC Assistant at Ascent Law LLC If you die without a will, or even if you have one but it's not executed properly, an estate probate may need to be opened in order to settle your final affairs. The estate probate process can be long and complicated, so it's important to know what to expect and how long things might take. A probate can only remain open for a certain amount of time before it needs to be closed. The length of time is different depending on the state; however, most states have a limit of 3-5 years that the probate needs to remain open. If the date from which the five years are calculated is after the date of death, then there is usually some sort of penalty for keeping the estate open past that period. One reason why an estate probate may remain open for longer than 5 years is if there is litigation involved. Litigation can add more time onto the process because depositions need to be taken and...