How Long Does a Will Remain Valid After Death?

When someone passes away, one of the legal documents they may have is a last will and testament. A will allows the deceased, known as the testator, to lay out how they want their assets and property distributed after death. However, many people are unclear on exactly how long a will remains valid after the testator dies.

Does a will have an expiration date? Can it be submitted for probate years or even decades later? Or is there a deadline for getting the will filed and admitted to probate before it becomes null and void? These are crucial questions for potential beneficiaries as well as the person designated as the executor of the estate.

In this blog post, we’ll explore how long a will remains valid after death. We’ll look at the specific time limits Minnesota imposes for getting wills admitted to probate. We’ll also examine what options exist if a long-lost will is discovered many years down the road.

How Long is a Will Legally Valid?

A will remains legally valid throughout the entire probate process, however long it takes. There is no expiration date on probating a will after someone passes away.

The will continues to act as the guiding document for settling the estate until probate concludes and assets are distributed to beneficiaries. At that point, the will has fulfilled its purpose.

Of course, it is smart to initiate probate proceedings sooner rather than later. As time passes after a death, assets can deteriorate or get lost. Memories fade, making details hard to recall. Prompt action helps ensure the wishes in the will get carried out accurately.

How Long Do You Have to File a Will With the Probate Court?

In Minnesota, you must file a will in the probate court after at least 120 hours (5 days) from the date of death and up to 3 years from the date of death. If you miss this 3-year statute of limitations, you will not be able to probate the estate through the normal process.

Can a Will Lose Validity?

There are a few scenarios where a will can lose legal standing even before probate concludes:

• The testator revokes the will – If the deceased creates a new will or codicil before passing, it invalidates the previous will. The newer document takes precedence.
• Successful will contests – If interested parties successfully challenge a will’s validity in court, it can be declared void. Grounds include lack of capacity, undue influence, or improper execution.
• Discovery of a newer will – In rare cases, a more recent will gets uncovered after probate starts on an older version. The court decides which takes priority.

Absent actions like these, a will remains legally enforceable from the time of death through the conclusion of probate. Think of the will as an active contract carrying out the testator’s final wishes until the estate fully settles.

Discovering a Will After Probate Is Completed

In some cases, a will may not be located until after probate has already been completed and the personal representative has been discharged by the court. Minnesota has a law that addresses this situation.

Under Minnesota Statutes section 524.3-1008, if an estate has been settled, the personal representative discharged, or a closing statement filed after one year, but then a will or other estate property is subsequently discovered, an interested party can petition the court to reopen the probate process.

The court has the authority to appoint the same personal representative who handled the original probate or to name a new successor personal representative. This subsequent administrator would then follow the usual probate procedures to administer and distribute the newly discovered portion of the estate.

However, the statute imposes an important limitation – any claims against the estate that were already barred or disallowed in the original probate cannot be reasserted in this subsequent administration process.

Don’t Delay Probate Too Long

Losing someone you love is painful enough. With a carefully crafted estate plan, you can make sure their wishes are honored and assets pass smoothly to heirs.

If you have questions about wills or probate in Minnesota, contact the experienced team at Safe Harbor Estate Law. For years, we’ve guided families through estate planning and probate with care and confidence, protecting thousands of families like yours.

Contact us today to get guidance on probating your loved one’s will.