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How long do you have to file the Last Will and Testament with the Court?

The Probate Law Center Feb. 3, 2025

Understanding Probate Deadlines: When to File a Will and Open an Estate

One of the most important aspects of probate administration is ensuring that the Last Will and Testament is presented to the court within the required time frame. Every state sets its own deadline for formally applying to open a probate estate, and missing this deadline can have significant consequences. Some states allow more flexibility, while others impose strict limits that can prevent the Last Will and Testament from being probated at all.

At The Probate Law Center, we help clients navigate these deadlines and avoid unnecessary complications. Below, we break down some of the key probate deadlines across different states.

State-by-State Probate Filing Deadlines

  • Missouri: The deadline to present a Last Will and Testament and formally open the probate estate is one year from the date of death. If the will is not filed within this timeframe, it is considered invalid, and the estate will be administered as if the deceased died intestate (without a will).

  • Kansas: Kansas has a shorter deadline of six months from the date of death to open probate. If the will is not submitted within this period, it cannot be probated, and the estate will be distributed under intestacy laws.

Each state has a different deadline based on their own state laws; in some states, an individual has up to 5 years to present the Last Will and Testament, and in some states, there is no timeline at all.

Filing a Will Even If Probate Is Not Immediately Needed

In some cases, a Last Will and Testament can be placed on file with the Court even if probate is not immediately required. This can be beneficial in situations where no probate assets are initially discovered, but later, assets requiring probate are identified. By filing the will proactively, families ensure that the decedent’s wishes are documented and preserved for future reference. Some states even encourage this practice to streamline estate administration should probate become necessary at a later date.

Why Do These Deadlines Matter?

Missing a probate deadline can have serious consequences, including:

  • The Last Will and Testament being disregarded, forcing distribution under intestacy laws.

  • Delays in settling the estate, leading to financial burdens for heirs.

  • Increased likelihood of legal disputes among beneficiaries.

How to Ensure Timely Filing

If you have recently lost a loved one and need to navigate the probate process, it’s important to act quickly. Consulting with an experienced probate attorney can help you understand your state’s specific rules and ensure that all necessary documents are filed within the required timeframes.

At The Probate Law Center, we assist clients with meeting these critical deadlines and guiding them through the probate process efficiently. If you have questions about probate filing deadlines in your state, contact us today for expert assistance.


Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Probate deadlines vary by state, and individuals should consult with a qualified probate attorney for legal guidance specific to their situation.