General Rule = Four years from the date of Testator’s death.
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
Late probate principles: Late probate benefits all beneficiaries; not just the ones who are not in default.
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
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!
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?
General Rule = Four years after decedent’s death
Exception = If administration needed to recover property due a decedent’s estate. When would this happen?
Non-Fraud Grounds examples: ▪ Lack of testamentary capacity ▪ Failure to comply with formalities Two years from when will admitted to probate.
Forgery or other fraud Two years from discovery
Tolling Two years from when an incapacitated person’s disabilities removed ▪ Minors ▪ Persons non compos mentis
General Rule = death of prospective plaintiff or defendant suspends running for 12 months after death.
Exception = If a PR qualifies within the 12 month period, the statute begins to run again at the date of qualification.
Morals & Lessons: If decedent is prospective plaintiff: If decedent is prospective defendant: