How probate filing deadlines work
Korea requires a will to be brought to the court for inspection after death. The closest US equivalent is lodging the will with the probate court and then opening probate. Two clocks run at once: a short one to hand the will in, and a much longer outside limit to start the case. Creditor claims run on a third clock once a personal representative is appointed.
Legal basis: these periods are set by state law. California requires the custodian of a will to deliver it to the clerk within 30 days of learning of the death (Cal. Prob. Code §8200). Texas allows a will to be admitted to probate within four years of death (Tex. Est. Code §256.003). Creditor claim windows are shorter - four months after letters issue in California (Cal. Prob. Code §9100), with a one-year outside bar (Cal. Code Civ. Proc. §366.2); the Uniform Probate Code bars claims one year after death (UPC §3-803). Reviewed as of September 2026.
Enter the periods your state uses rather than assuming the defaults apply, and confirm them with the probate clerk.
This calculator is for reference only and is not legal advice. Consult a licensed attorney in your state about your specific estate.
Frequently Asked Questions
Most states impose a duty on whoever holds the will to deliver it to the court, and a custodian who fails to do so can be liable for resulting damages. Without probate, assets that require a court order to transfer simply stay frozen.
No. Probate is state law, so both the lodging period and the outside limit for opening a case differ from state to state, as do creditor claim windows. Check the probate code for the county where the decedent lived.