§560:3-108  Probate, testacy and
appointment proceedings; ultimate time limit.  (a)  No 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, may be commenced more than five 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 before 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 three 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 if the contest is successful, may be commenced within:



(A)  Ninety days after receiving notice of an
informal proceeding pursuant to section 560:3-306;



(B)  Twelve months from the date the will was
informally admitted to probate; or



(C)  Thirty days from the entry of a formal
order approving the accounts and settlement of the estate by an informally
appointed personal representative,



whichever time period expires first.  If an
informal proceeding is closed informally, the court in its discretion may allow
a will contest to proceed after the limitations period has expired if it
determines that notice of the informal probate proceedings was not provided
pursuant to section 560:3-306 and not more than five years has elapsed since
the decedent’s death;



(4)  An informal appointment or a formal testacy or
appointment proceeding may be commenced thereafter if no proceedings concerning
the succession or estate administration have occurred within the five year
period after decedent's death, but the personal representative has no right to
possess estate assets as provided in section 560:3-709 beyond that necessary to
confirm title thereto in the successors to the estate and claims other than
expenses of administration may not be presented against the estate; and



(5)  A formal testacy proceeding may be commenced at
any time after five years from the decedent's death if, in the discretion of
the court it would be equitable to do so, for the purpose of establishing an
instrument to direct or control the ownership of property passing or
distributable after the decedent's death from one other than the decedent when
the property is to be appointed by the terms of the decedent's will or is to
pass or be distributed as a part of the decedent's estate or its transfer is
otherwise to be controlled by the terms of the decedent's will.



(b)  These limitations do not apply to
proceedings to construe probated wills or determine heirs of an intestate.



(c)  In cases under subsection (a)(1) or (2)
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 chapter which relate to the date of death. [L
1996, c 288, pt of §1; am L 2002, c 82, §1]