Is there a time limit for a will to be read

Full question:

My father died over three years ago in Ohio. We (the children) know there was an original will, but we think he changed it. His surviving wife has told us there is no will. If there is a will, is there a statute of limitations for it to be read? What would happen if there is a will and anything left to the children is gone now?

Category: Wills and Estates
Date: 04/07/2025
State: Pennsylvania

Answer:

2107.26 Lost, spoliated, or destroyed wills may be admitted to probate.

When an original will is lost, spoliated, or destroyed before or after the death of a testator, the probate court shall admit the lost, spoliated, or destroyed will to probate if both of the following apply:

(A) The proponent of the will establishes by clear and convincing evidence both of the following:

(1) The will was executed with the formalities required at the time of execution by the jurisdiction in which it was executed.

(2) The contents of the will.

(B) No person opposing the admission of the will to probate establishes by a preponderance of the evidence that the testator had revoked the will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the order of inheritance without a will in NC?

In North Carolina, if someone dies without a will, the state's intestacy laws determine the order of inheritance. Typically, the spouse inherits the first share, followed by children. If there are no children, the estate may go to parents, siblings, or more distant relatives. If the deceased has no relatives, the estate may go to the state. The specific distribution can vary based on the family structure. For detailed guidance, consulting a local attorney is advisable.

How long do you have to file probate after death without a will?

In North Carolina, there is no specific deadline to file for probate if there is no will. However, it is advisable to start the process within three years of the person's death to avoid complications. Delays can lead to issues with asset distribution and may affect the rights of potential heirs. It's best to consult with an attorney for guidance on the probate process.

How to get heir property in your name without a will?

To transfer heir property in North Carolina without a will, you typically need to establish your ownership through a legal process called 'heirship determination.' This may involve gathering evidence of your relationship to the deceased and filing a petition in probate court. If all heirs agree, you can also consider creating a deed to transfer ownership. Consulting an attorney can help navigate this process effectively.

What is a child entitled to when a parent dies with a will?

When a parent dies with a will in North Carolina, a child's entitlement depends on the will's provisions. If the will specifically mentions the child, they will receive whatever is bequeathed to them. If the will does not mention the child, they may still be entitled to a share of the estate, especially if they are a minor or if the will was created before their birth. Consulting an attorney can clarify specific rights.

Who inherits if there is no will?

If there is no will in North Carolina, the state's intestacy laws dictate inheritance. Typically, the surviving spouse inherits first, followed by children. If there are no children, the estate may go to parents, siblings, or more distant relatives. If no relatives exist, the estate may escheat to the state. It's essential to understand these laws to determine rightful heirs.

What is a child entitled to when a parent dies without a will in NC?

In North Carolina, if a parent dies without a will, the child is entitled to a share of the estate under intestacy laws. Typically, the surviving children divide the estate equally. If the deceased had a spouse, the spouse may receive a portion as well. The exact distribution depends on the family structure and existing heirs. Consulting an attorney can provide clarity on specific entitlements.