§560:3-108 Probate, testacy and appointment proceedings; ultimate time limit. (a) No probate proceeding to establish a will and related appointment proceeding, other than an ancillary proceeding, shall be commenced more than five years after the decedent's death; provided that:
(b) A proceeding seeking an adjudication of intestacy and related appointment proceeding may be commenced at any time unless there has been a prior probate proceeding concerning the decedent's estate. If there has been a prior probate proceeding, a formal proceeding seeking an adjudication of intestacy may be commenced only under the conditions and circumstances set forth in section 560:3-412.
(c) These limitations shall not apply to proceedings to construe probated wills or determine heirs of an intestate.
(d) In cases under subsection (a)(1) or (2), the date on which a probate proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this chapter that relate to the date of death. [L 1996, c 288, pt of §1; am L 2002, c 82, §1; am L 2023, c 158, §33]