Jan 5, 2026
After a death, settling a person’s estate typically triggers the probate process. This court proceeding, during which the estate is settled, ensures that creditors are paid and any remaining assets are distributed to the appropriate heirs.
If the deceased person had a valid will, the will should control what happens to the assets. If there is no will, then intestacy laws will determine who inherits.
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Unfortunately, this process doesn't always go smoothly. Finding a valid will years later begs the question: is it too late?
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Let's imagine Sarah. While going through some old papers, she finds a notarized copy of a will that had been created by her neighbor, who died 10 years prior.
The neighbor, Joann, was a widow with no children. Joann's will specified that all of her assets would go to Sarah's dad and that Sarah's dad would be the executor. If Sarah's dad died first, then Sarah's mom would be the executor and would inherit.
Since her death was a decade ago, Joann's assets have already been distributed. Sarah isn’t sure what to do with the will she discovered.
What are the next steps?
If you come across an old will, the best thing to do is to contact an estate attorney as soon as possible. The rules for what can happen vary by state, and can depend on the status of the probate process. An estate attorney will help you understand if the time limit has passed.
You can also try to do some research on your own to better understand the situation.
Probate proceedings are typically public record, so you can search online in the county where the deceased lived and owned property. Most counties have a website to search for this info, or you can call your local courthouse to find out how to access the records.
If you think the deceased person left you real estate, you can also check the tax records to see who owns the parcel now. In most cases, you can search by property address.
By looking up what happened in probate and who the current property owner is, you can get a better understanding of how the deceased person's assets were transferred and to whom.
You may find out from this research that the will you had a copy of was outdated and that the probate process was completed with a newer will. In that case, you don't need to do anything more.
Can you collect an inheritance from an old will?
If your research reveals that there was no will and intestacy laws (default laws) determined who inherited, or if your research suggests that an older will was used, then you may very well have a legally valid will.
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If that's the case, whether you can reopen probate will depend on the laws where you live.
In Florida, for example, if probate is still in process when you find the new will, you can present it to the court to determine if it is valid. (1) However, if probate is finished and closed, it's probably too late.
In Illinois, on the other hand, some courts have found that introducing an original will justifies reopening the estate. (2)
An estate planning attorney can help you determine both if discovering an old will is grounds to reopen probate, and what the deadline is for challenging probate once it has closed. If you can reopen probate, you'll still have to prove the will is valid and you are the rightful heir.
Sarah's family should find out what rules apply in their case, because reopening probate 10 years later could cause major upheaval.
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How to avoid confusion with your will
The situation with Sarah and her family shows just how important it is to take the right steps during the estate planning process. This includes speaking with whomever you name as executor of the estate, and with the chosen beneficiaries.
You can also use alternative tools like a trust to make sure the right people inherit. With a trust, you'd transfer ownership of assets into the trust during your lifetime and name beneficiaries to inherit upon your death.
Since the trust would be the legal owner and the beneficiaries would be clearly designated, there would be no question of whether your assets go to the right people.
If you don't take the right estate planning steps, intestacy laws or default rules will determine what your legacy is, and this may go against your true wishes.
If you don't want these default rules to apply, be sure to make your instructions known — and ensure that those left behind can find them. Making sure your legacy is secure means providing for the people you care about the most.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Vollrath Law (1); O’Flaherty Law (2).
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Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
