X Executed a Will Instituting His Heirs

X executed a will instituting his heirs. It was discovered 15 years after his death, hence, the heirs consulted you whether they can still file a petition for its probate, considering that they have already extrajudicially settled his estate. What is your advice?

A) Yes, because the probate of a will is imprescriptible as it is mandated by public policy.
B) No more because it has already prescribed.
C) Yes because they cannot extrajudicially settle the estate due to the existence of a will.
D) No more because of laches.

Correct Answer:

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