What are the time limits for filing a will for probate?

In Virginia, the time limits for filing a will for probate depend on the type of will. For a testamentary will, the executor has up to four years to file the will for probate. If this is not done in that time frame, the will is considered invalid. For a non-testamentary will, the executor must file within two years. If the decedent died without a will, then their estate must be opened for probate within four months after the decedent’s death. Along with this, an administrator must be appointed to manage the estate. If the decedent dies with a will, but the will is not filed with the court, then there will be a period of time known as “intestacy.” During this period, the decedent’s assets may not be accessed. This period will last until an executor is appointed and the will is formally accepted by the court. The time limits for filing a will for probate in Virginia depend on the type of will and the circumstances of the decedent’s death. It is important to make sure to file a will in a timely manner to ensure that the decedent’s wishes are followed and that their assets are properly managed.

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