Time Limits for Filing a Probate Proceeding

Statutes of Limitation

A statute of limitations sets a limit of the maximum amount of time after a wrong occurs in which a person harmed by that wrong may file a lawsuit. Each state sets its own limitations periods and these periods are often different for different kinds of cases. The limitations periods for filing a probate proceeding are as follows.

Letters of administration can be granted at any time.  A will must be filed with the Register of Wills within 10 days of the testator's death.

Del. Code Ann. tit. 12, §1502
Del. Code Ann. tit. 12, § 1301

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