Executive summary
- The statute of limitations in probate litigation outlines the amount of time you have to file a dispute and depends on the concern you need to have addressed.
- Important factors that influence the statute of limitations include state law, the type of dispute influencing litigation, and when the issue was discovered.
- The statute of limitations applies to several areas of probate litigation, including will contests, trust disputes, and breach of fiduciary duty claims.
- It’s important to seek the support of a probate litigation attorney as soon as possible in order to ensure your concerns are addressed within the statute of limitations.
Introduction
Understanding the statute of limitations in probate litigation is critical for ensuring that you are able to protect your inheritance rights within the time allowed by law. Beneficiaries should know the statute of limitations so that they can raise concerns and have them addressed appropriately.
Common concerns that lead to trust or probate litigation include will or trust disputes and breach of fiduciary duty claims. However, you may only have a limited time to raise these concerns before legal deadlines limit or even prohibit your ability to file claims in court.
The statute of limitations can vary for any given probate concern depending on state law, the nature of the claim being filed, and the procedures that have taken place in the probate process so far. With so many different deadlines and statutes of limitation, it can be difficult to keep up.
Fortunately, having support in understanding the various deadlines and timelines for initiating litigation during trust or estate administration will equip you to secure your own interests in an estate and ensure that you have the ability to protect your interest in an estate or trust.
Why the statute of limitations matters in probate litigation
The statute of limitations can apply to various stages of the probate process, for example filing to open a proceeding, submitting a will for probate, and contesting a will that has already been probated. The statute of limitations is important for ensuring that beneficiaries, heirs, and other interested parties have the ability to raise a dispute while also ensuring that the probate process can continue.
Having a set statute of limitations offers the following benefits:
- Parties interested in an estate can have closure and breathe easier knowing that the time for filing a contest has passed.
- Heirs and beneficiaries can understand that a certain deadline applies to their potential claims, so they can contact legal counsel well before the deadline passes, allowing their counsel to be adequately prepared.
- Deadlines help limit evidence deterioration, for example a witness’s loss of memory or the misplacement of a will, allowing each side a fair opportunity to prove the facts of the case.
Without a set statute of limitations, it would be likely for the trust administration or probate process to face disruption during processes like creditor claim solicitation or forced distribution of estate assets. All together, a clear window provides fairness for all sides, from beneficiaries and heirs to estate executors and trustees.
Factors affecting the statute of limitations in probate cases
Determining the statute of limitations in probate litigation cases is not always clear-cut and straightforward. Often, the true deadline depends on your specific claim and where you are located.
The key factors affecting probate statute of limitations include:
- State-specific probate laws – Different states have different deadlines and statutes of limitation for when claims must be filed, so it’s important that you understand state laws and requirements in your state, which are often clearly set forth in state statutes.
- Type of probate claim – Time limits vary depending on the nature of the probate claim. For example, the deadline to contest a will may be different from the deadline to raise a breach of fiduciary duty lawsuit.
- Discovery of harm – In some states, the statute of limitations only begins when an issue or damage is discovered rather than when the incident occurred. For example, the discovery of the theft of assets as opposed to the actual theft. This concept typically applies when the perpetrator hides the harm from the damaged party. Conversely, it may not apply if the harmed party had an adequate opportunity to discover the issue or damage.
The best way to understand the statute of limitations for your specific case and the context surrounding it is to consult a skilled probate attorney. A probate dispute attorney will have experience with probate litigation claims in your state and analyze the various factors to determine the true statute of limitation for your case.
Common probate litigation scenarios and their statutes of limitations
The statute of limitations depends on the scenario and the type of dispute that is being raised through probate litigation, such as raising concerns about fraud or undue influence affecting a will. Common forms of probate litigation include:
- Will contests – A will contest occurs when someone questions the validity of a will or the information it contains.
- Trust disputes – A trust dispute occurs when a conflict arises regarding the validity of a trust instrument and its creation, administration, or distribution of a trust.
- Breach of fiduciary duty claims – Beneficiaries may raise claims against an executor to highlight concerns of fiduciary misconduct, like self-dealing or mixing personal and estate assets.
- Accounting – A concern surrounding an executor accounting, such as the accuracy of the accounting and its accordance with deadlines.
The statute of limitations may be impacted by the type of dispute and other factors that may arise. For example, if a trust was filed in the county deed records, that may affect the deadline for bringing a claim to challenge the trust. Occasionally, a claim may have no statute of limitations for practical purposes.
California
As long as you have grounds to raise a dispute, the statute of limitations in California for various types of litigation scenarios are:
- Will contest – You have 120 days to contest a will from the day that the will is admitted to probate.
- Trust dispute – You have 120 days to dispute a trust from the day that the trustee has mailed a notification of Notification by Trustee (16061.7 Stautory Notification) highlighting the beginning of the trust administration process. A notice of this timeline MUST be on the Notification by Trustee.
- Breach of fiduciary duty claims – As established by the California Code of Civil Procedure, there is usually a four years statute of limitations from the date of the offense.
- Accounting – The statutory deadline is usually one year from the date that the executor or trustee submits the accounting, but it may be shortened to 180 days if a trustee provides written notification about the shortened time frame. A beneficiary may also request an accounting and must receive that accounting within 60 days from the request.
Some statute of limitations for actions involving wills or trusts may be shortened if a trustee or executor provides written notification of their intention to shorten the statute of limitations.
There are a number of statutory deadlines depending on the trust or will lawsuit you are raising, there may also be affirmative defenses that may lengthen certain statutes of limitations, so it’s important to note that the above is not a complete and definitive list. The best way to understand which deadlines may apply to your case is to seek the support of a trust and probate litigation attorney as soon as a concern arises.
Texas
Texas follows different statutes of limitations for various types of probate litigation. For the following concerns, if you have grounds to raise a dispute, the statutes of limitations are:
- Will contest – You have two years from the date that a will is admitted to probate to contest it, but a contesting party should almost always contest the will before it is admitted to probate.
- Trust dispute – You have four years from the date that you discover or should have discovered the grounds for the contest.
- Breach of fiduciary duty claims – Breach of fiduciary duty lawsuits have a four-year statute of limitations in Texas from the date the breach of the fiduciary duty was discovered or should have been discovered.
- Accounting – There is no specific deadline to compel the accounting of a trust or estate in Texas, and applicable deadlines may depend on factors such as whether the trust or estate is still open and whether a court has already approved the accounting.
Again, every case is different, and the circumstances of each case may affect the statutory deadlines, so this list may not reflect all of the limitations and deadlines that apply to the variety of cases that may arise. You should always consult a trust or probate litigation attorney to understand which deadlines apply to you and how to meet them.
Exceptions to the statute of limitations in probate litigation
Tolling is the legal concept that grants the extension of the period of the statute of limitations in certain criteria. The extension may delay the limitations clock from starting or pause the limitations clock after it has already started. There are several situations where the statute of limitations during probate may be tolled and extended, or on the other side of the coin, even shortened.
Overall, exceptions to the standard statute of limitations include:
- Fraud – If an act of misconduct or information was withheld or concealed by fraud, then ithe statute of limitations often begins at the time when the act of misconduct was discovered.
- Mental incapacity – If an heir or interested party has a disability or mental incapacity that prevents them from raising a dispute, then this could extend the statute of limitations further.
- Minors – In cases where beneficiaries of an estate are minors, the statute of limitations may be tolled until they reach the age of adulthood when they can pursue litigation, and the statute of limitations will begin from the date they become an adult.
- Uninformed beneficiaries – Uninformed beneficiaries who are not aware of the initiation of probate may have an argument to extend the statute of limitations until they have been reasonably informed.
- Executor action – If an executor submits a notice of a proposed action for beneficiaries and heirs, then the statute of limitations to contest the action may be shortened.
- Court approval – If a court approves an executor’s or trustee’s acts by entry of an order, the statute of limitations to contest the approved acts may be shortened.
- Death – In certain states such as Texas, the death of an interested party may toll limitations.
The statute of limitations may also be shortened by actions taken by an executor or a court’s approval of those actions. If an executor initiates an action and provides notice of that action or the court enters an order approving the action, then the normal statute of limitations may no longer apply. Instead, beneficiaries will have to act within a set period of time following the notice or order, or they will risk losing their opportunity to contest an action.
Another potential influence on the statute of limitations is the doctrine of laches—the doctrine states that a claimant’s time to raise a claim may be limited if they were aware of a proposed or potential action and then unreasonably declined to pursue the claim. If an executor or another interested party can prove that the person raising the dispute knew of the concern and did not say anything, the dispute may be barred, even if it was within the statute of limitations.
Consequences of missing the statute of limitations
If you miss the statute of limitations for your claim, then you may miss the opportunity to raise your concerns or disputes entirely. It’s important to be aware of the statute of limitations around your concerns so that you can take appropriate action to resolve them.
Additional consequences of missing the statute of limitations include:
- An unsatisfactory asset distribution that doesn’t align with one’s interests or expectations
- A probate process led by an invalid or questionable will
- The need to raise an independent action outside of the probate process
- The assets that would satisfy your claim have already been distributed, spent, or otherwise disposed of.
Remember, if you have a concern, it’s crucial that you begin taking action as soon as it arises. Failing to raise your concern within the appropriate timeframe may mean that you’ll lose your chance to address it entirely. Reaching out to a lawyer as soon as possible will give the lawyer an adequate opportunity to prepare your case and help you understand how to initiate litigation, allowing you to maintain confidence and peace of mind.
How do you meet the statute of limitations?
One common point of confusion in meeting the statute of limitations is that many people think taking steps to initiate a lawsuit is sufficient to fall within the statute of limitations. However, this is not the case—you must formally file a lawsuit with the court by the time the statute of limitations has expired in order to fall within the timeline.
Steps like intending to initiate a lawsuit, contacting a lawyer, or even sending letters to beneficiaries are not enough. To meet the statute of limitations, you must have opened your case and filed it with the courts by the time the statute of limitations is up. If you have not formally filed your lawsuit, the other steps are not considered meeting the statute of limitations. In addition, your state may require that you exercise reasonable diligence to serve the opposing party with the lawsuit, so you should not necessarily breathe a sigh of relief after filing the lawsuit.
Another helpful resource for meeting the statute of limitations is to raise your concerns as soon as possible. For example, in many cases, it’s critically important to raise a concern about the validity or legitimacy of a will before it is even entered into probate and validated by the court.
Raising your concern early has many benefits. It may cancel the hearing to probate the will, which buys extra time to prepare for litigation. It may prevent the court from appointing an estate representative who will distribute the estate, making it more difficult or practically impossible to recover your inheritance. In some states, such as Texas, contestants enjoy more favorable legal standards if they contest a will before the court admits it to probate. Finally, it helps eliminate a significant amount of stress and uncertainty while worrying about whether the estate has already been distributed or stolen.
How to determine the statute of limitations for your probate case
Understanding the generalized statute of limitations is helpful, but each case can be unique depending on the type of claim and state law. With the various nuances that can exist in each case, it’s important for interested parties in an estate to understand how to navigate and meet the statute of limitations.
To determine the statute of limitations for your case, consider the following:
- Reviewing probate documents – Closely reviewing probate court dockets along with documents filed in the probate case, like the letters testamentary, may provide you with an accurate understanding of when probate began and what date the statute of limitations began.
- Understanding local laws – State-specific probate laws and deadlines will determine the statute of limitations for your specific type of claim, so be sure that you have an accurate understanding of your jurisdiction.
- Consult with an attorney – An attorney is a valuable resource for helping you understand the deadlines for raising a concern based on the context of your unique case.
Be sure to do your due diligence in researching the statute of limitations for your case. Any delay in determining the statute of limitations could result in you missing your opportunity to have your claim resolved before the probate court. If you are struggling to find specific information or have found multiple conflicting sources about the likely statute of limitations for your specific case, an experienced trust or probate litigation attorney is the best resource to turn to.
How a probate attorney can help with the statute of limitations in probate litigation
An attorney can serve as a crucial form of support with navigating, especially with the complexities and nuances involved in probate litigation and the timeframe you have to raise a claim. A probate attorney will offer support in understanding the statute of limitations based on the context of your specific case.
An attorney will have a detailed understanding of state laws and requirements involved in probate litigation and the statutes of limitation.
Once they clarify the statute of limitations for probate litigation, they can offer additional guidance on how to meet necessary deadlines. Opening up litigation during probate can be complex and have a variety of unique requirements—because an attorney has experience in the process, they’ll ensure you check all the boxes in order to get your claim addressed successfully.
An attorney can offer further assistance past initiating your court case. Your attorney can help you navigate the litigation process, including in gathering evidence for your claim, identifying and executing a winning strategy, defending against motions filed by the opposing party, and presenting your case before the court.
Protecting your rights in probate litigation
The statute of limitations can muddy the waters of probate litigation and whether a claim still has validity. Regardless of which side of a dispute you are on, it’s crucial that you understand the statute of limitations for any given probate litigation issue so that you can prepare your case or your defense and act accordingly.
For support in understanding your rights and obligations during the probate process, consult our team at RMO Lawyers. Our attorneys have decades of experience in probate estate litigation, and we will put this experience to work to help you understand your rights in the probate process.
Schedule a consultation with our team at RMO Lawyers to discuss your case and what steps are necessary to meet the statute of limitations.
Glossary
Probate – The court process in which the assets of an estate are gathered, accounted for, and distributed to the heirs or beneficiaries after an individual passes away, either in accordance with the deceased’s wishes if they had a will or following local intestacy laws if there was no will.
Probate litigation – A lawsuit filed by an interested party in an estate against another during the probate estate administration process.
Statute of limitations – The amount of time you have to file a court case against another party according to state law.
Tolling – A legal concept that allows for the suspension of the statute of limitations by delaying the start or pausing the running of the limitations clock.