When does an estate have to be probated?

The rules on this are specific to the state and county where the person died. Generally, if an estate is required to be probated, the time limit you have to file probate after the person died is most likely based on the Uniform Probate Code, which is 3 years. But, not all states have adopted the Uniform Probate Code fully, so you will have to check your state’s statute of limitations.