Estate Law Questions? Ask an Estate Lawyer.
Thank you for your question.
In which State did your mother reside?
She left a Will, right?
Did your brother leave any descendants?
Sorry for the delay.
There is no time limit to probate a will in NY.
The will does have to be probated if the mother's estate was worth over $30,000.
You will be entitled to 1/2 the estate, and your brother's children will each take 1/6 of the estate under the NY anti-lapse statute, see
The time to contest a will does not start to run until the will s filed for probate.
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I hope this information is helpful.