14-3108. Probate, testacy and appointment
proceedings; ultimate time limit
An informal probate or appointment proceeding or formal testacy or appointment
proceeding, other than a proceeding to probate a will previously probated at the
testator's domicile and appointment proceedings relating to an estate in which there has
been a prior appointment, shall not be commenced more than two years after the decedent's
death, except:
1. If a previous proceeding was dismissed because of doubt about the fact of the
decedent's death, appropriate probate, appointment or testacy proceedings may be
maintained at any time thereafter upon a finding that the decedent's death occurred prior
to the initiation of the previous proceeding and the applicant or petitioner has not
delayed unduly in initiating the subsequent proceeding.
2. Appropriate probate, appointment or testacy proceedings may be maintained in
relation to the estate of an absent, disappeared or missing person for whose estate a
conservator has been appointed, at any time within two years after the conservator
becomes able to establish the death of the protected person.
3. A proceeding to contest an informally probated will and to secure appointment of
the person with legal priority for appointment in the event the contest is successful may
be commenced within the later of twelve months from the informal probate or two years
from the decedent's death.
4. An informal probate or appointment or a formal testacy or appointment proceeding
may be commenced thereafter if no court proceeding concerning the succession or
administration has occurred within the two year period. If proceedings are brought under
this exception, the personal representative has no right to possess estate assets as
provided in section 14-3709 beyond that necessary to confirm title thereto in the
rightful successors to the estate. Claims other than expenses of administration shall not
be presented against the estate.
These limitations do not apply to proceedings to construe probated wills or determine
heirs of an intestate. In cases under paragraph 1 or 2 of this section, the date on
which a testacy or appointment proceeding is properly commenced shall be deemed to be the
date of the decedent's death for purposes of other limitations provisions of this title
which relate to the date of death.
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