Time limitations to execute a will?

[tit4tat]

What is the name of your state? ohio

Is there a certain time that a will has to be executed and how do they (courts?) determine who gets notified?

Guess what I'm asking is, whether all the kids of the deceased parent(s) are notified of a will even if they are not on the will?

[anteater]

Originally Posted by tit4tat

What is the name of your state? ohio

Is there a certain time that a will has to be executed and how do they (courts?) determine who gets notified?

Guess what I'm asking is, whether all the kids of the deceased parent(s) are notified of a will even if they are not on the will?

When a will is admitted to probate, any person named in the will and any person that would stand to inherit if the deceased had died intestate (without a vaild will) should receive a notice within 2 weeks that the will has been admitted to probate. Since the kids normally would be included in the group entitled to inherit under intestacy, they should receive that notice. That notice sets the clock ticking for taking action to contest the validity of the will.

There is no provision that they be provided a copy of the will. They would need to contact the probate court to obtain a copy.

[tit4tat]

Thanks for your reply.

Is there a time limit when a will has be admitted to probate after the death of a parent? 2 weeks? 2 months? 2 years?

[lwpat]

Most states require a will to be presented to the probate court within 30 days. It is not unusual to see it done much later. If the will is not presented within the 30 days, someone may want to consider starting probate and requiring production of the will.

[tit4tat]

Great forum! Thanks again!

[anteater]

Originally Posted by tit4tat

Thanks for your reply.

Is there a time limit when a will has be admitted to probate after the death of a parent? 2 weeks? 2 months? 2 years?

The only timeframe in Ohio that I know of is 20 years and, even after that, the probate court can make an exception, allowing estate administration to proceed.

As lwpat mentioned, if the custodian of the will is being recalcitrant, any interested party can petition the court to compel the custodian to produce it. If the person intentionally conceals or withholds the will...

...he may be committed to the county jail and kept in close custody until he produces the will. This person also shall be liable to any party aggrieved for the damages sustained by such neglect or refusal.