An initial consideration in the probate process is the determination of when a decedent died and whether probate of a Will is even possible. If the decedent died more than three years ago, a will may not be probated and the presumption of intestacy is final.[1] However, the court has continuing jurisdiction to determine the property owned by a decedent at the time of death and can also appoint a fiduciary such as a special administrator to administer the decedent’s property.[2] Additionally, notwithstanding the three year time limit to probate a will, a determination of heirs proceeding may be initiated beyond the three year window.[3]