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| (a) For decedent's a decedent dying on or after January 1, 1981, | no informal probate or appointment proceeding or formal testacy or | appointment proceeding, other than a proceeding to probate a will | previously probated at the testator's domicile and appointment | proceedings relating to an estate in which there has been a prior | appointment, may be commenced more than 3 years after the | decedent's death, except: |
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| (1) If a previous proceeding was dismissed because of doubt | about the fact of the decedent's death, appropriate probate, | appointment or testacy proceedings may be maintained at any | time thereafter upon a finding that the decedent's death | occurred prior to the initiation of the previous proceeding | and the applicant or petitioner has not delayed unduly in | initiating the subsequent proceeding; |
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| (2) Appropriate probate, appointment or testacy proceedings | may be maintained in relation to the estate of an absent, | disappeared or missing person for whose estate a conservator | has been appointed, at any time within 3 years after the | conservator becomes able to establish the death of the | protected person; and |
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| (3) A proceeding to contest an informally probated will and | to secure appointment of the person with legal priority for | appointment in the event the contest is successful, may be | commenced within the later of 12 months from the informal | probate or 3 years from the decedent's death. These | limitations do not apply to proceedings to construe probated | wills or determine heirs of an intestate. In cases under | paragraph (1) or (2), the date on which a testacy or | appointment proceeding is properly commenced shall be deemed | to be the date of the decedent's death for purposes of other | limitations provisions of this code which relate to the date | of death. |
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| These limitations do not apply to proceedings to construe | probated wills or determine heirs of an intestate.__In cases | under paragraph (1) or (2), the date on which a testacy or | appointment proceeding is properly commenced is deemed to be the | date of the decedent's death for purposes of other limitations | provisions of this Code that relate to the date of death. |
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| | (b) For decedent's a decedent dying before January 1, 1981, | no informal probate or appointment proceeding or formal testacy | or appointment proceeding, other than a proceeding to probate a | will previously probated at the testator's domicile and | appointment proceedings relating to an estate in which there has |
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