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Statutes of Limitations

Statutes of Limitations. To Probate a Will PC § 73; EC § 256.003. General Rule = Four years from the date of Testator’s death. To Probate a Will PC § 73; EC § 256.003. Exception = the “late probate” Proponent is “not in default.”

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Statutes of Limitations

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  1. StatutesofLimitations

  2. To Probate a WillPC § 73; EC § 256.003 • General Rule = • Four years from the date of Testator’s death.

  3. 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 Allen

  4. 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.

  5. 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 title

  6. 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!

  7. 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?

  8. For Issuance of LettersPC § 74; EC § 301.002 • General Rule = • Four years after decedent’s death

  9. For Issuance of LettersPC § 74; EC § 301.002 • Exception = • If administration needed to recover property due a decedent’s estate. • When would this happen?

  10. 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.

  11. To Contest a WillPC § 93; EC § 256.204 • Forgery or other fraud • Two years from discovery

  12. To Contest a WillPC § 93; EC § 256.204 • Tolling • Two years from when an incapacitated person’s disabilities removed • Minors • Persons non compos mentis

  13. Suspension of Other LimitationsCivil Prac. & Rem. Code § 16.062 • General Rule = death of prospective plaintiff or defendant suspends running for 12 months after death.

  14. 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.

  15. Suspension of Other LimitationsCivil Prac. & Rem. Code § 16.062 • Morals & Lessons: • If decedent is prospective plaintiff: • If decedent is prospective defendant:

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