of Limitations To Probate a Will PC 73 EC 256003 General Rule Four years from the date of Testators death To Probate a Will PC 73 EC 256003 Exception the late probate ID: 373327
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Slide1
StatutesofLimitationsSlide2
To Probate a WillPC § 73; EC § 256.003General Rule =
Four years from the date of Testator’s death.Slide3
To Probate a WillPC § 73; EC § 256.003
Exception = the “late probate”
Proponent is “not in default.”
Standard = failure to probate not due to absence of reasonable diligence.
Fact question decided on case-by-case basis.
In re Estate of
Cornes
(p. 56)
In re Estate of Williams (p. 60)
Schlindler
v.
Schlindler
(p. 66)
In re Estate of Perez
In re Estate of AllenSlide4
To Probate a WillPC § 73; EC § 256.003
Late probate principles:
Late probate benefits all beneficiaries; not just the ones who are not in default.Slide5
To Probate a WillPC § 73; EC § 256.003
Late probate principles:
Late probate benefits all beneficiaries; not just the ones not in default
Late probate not entitled to letters testamentary
Instead, probate as a muniment of titleSlide6
To Probate a WillPC § 73; EC § 256.003
Late probate principles:
Late probate benefits all beneficiaries; not just the ones not in default
Late probate not entitled to letters testamentary
Ramifications can be huge!Slide7
To Probate a WillPC § 73; EC § 256.003
Late probate principles:
BFPs
from heirs, however, are protected:
4 years from intestate’s death
Value
Good faith
Without knowledge of will
How protect purchasers w/in the four years?Slide8
For Issuance of LettersPC § 74; EC § 301.002
General Rule =
Four years after decedent’s deathSlide9
For Issuance of LettersPC § 74; EC § 301.002
Exception =
If administration needed to recover property due a decedent’s estate.
When would this happen?Slide10
To Contest a WillPC § 93; EC § 256.204
Non-Fraud Grounds
examples:
Lack of testamentary capacity
Failure to comply with formalities
Two years from when will admitted to probate.Slide11
To Contest a WillPC § 93; EC § 256.204
Forgery or other fraud
Two years from discovery Slide12
To Contest a WillPC § 93; EC § 256.204
Tolling
Two years from when an incapacitated person’s disabilities removed
Minors
Persons non compos mentisSlide13
Suspension of Other LimitationsCivil Prac. & Rem. Code § 16.062
General Rule = death of prospective plaintiff or defendant suspends running for 12 months after death.Slide14
Suspension of Other LimitationsCivil Prac. & Rem. Code § 16.062
Exception = If a PR qualifies within the 12 month period, the statute begins to run again at the date of qualification.Slide15
Suspension of Other LimitationsCivil Prac. & Rem. Code § 16.062
Morals
& Lessons:
If decedent is prospective plaintiff:
If decedent is prospective defendant: