How long do I have to carry out the terms of a will after the death? 8 Answers as of September 16, 2011

If you have a will, you are suppose to file it with the court within 10 days of death. Once a probate is opened there are time requirements for taking action or seeing permission to get an extension, but there is no requirement to open a probate. Often people wait for 2 years so that if no one files a claim, the claims can be invalidated.

The time to probate a will is established and limited by state law. You would have to check the laws of your specific state.

You could start probate the next day if you like; although to get anything effective done you will need death certificates, and that takes a week to ten days. There effectively is no latest date. The probate gets more and more difficult (read "expensive") the longer you wait. I normally tell people not to do anything until after the funeral. Then get right on it.

The person who holds the original Will is required by law to deposit the Will with the Clerk of Court within 10 days of the decedent's death. Does that always happen? Not usually because people are grieving, they haven't looked for any paperwork, etc. However, it should be deposited as soon as practicable after the decedent's death. As far as opening a probate to carry out the terms of the Will, there is no set time to do so. There is a statute of limitations of 2 years for a creditor to file a claim against the estate, however. If you have questions about the probate of your relative's estate, you should consult a probate attorney (which, in most cases, you will need before you can file anything to open the estate).

Generally,you may apply for Letters Testamentary, or probate the Will, immediately following the death of the testator. State law provides that a Will must be probated within five (5) years to be given effect.

Since we have not read the will, nor have you said what state you are in, we have no way to answer you. As an executor, you absolutely need a lawyer, and should follow his directives.

In California, if there is real property or the estate is worth over $100,00.00, you should immediately file a probate proceeding. Otherwise, you should be able to take a certified copy of the death certificate to the bank or other institution to get the money released or transferred as provided in the will. How long it takes depends on what the will provides and when property is to be distributed. If it provides for an immediately distribution, then it will last until that occurs and the court approves the final account and closes the probate case. You cannot transfer title to real property worth over $25,000 without a court order, no matter what the will says. Later on it will be a cloud on title and will impair the ability for the owner to transfer title.