Statute Of Limitations In Probate Disputes

Many of the documents used in estate planning are designed partly to prevent probate disputes from arising. Unfortunately, sometimes there are factors the deceased person was not able to anticipate and plan for before his or her death, potentially leading to confusion and disagreement over how the administration of the estate is handled. Sometimes, as well, an individual dies unexpectedly, without ever having prepared critical estate planning documents such as a Last Will and Testament. In these situations, it is not unusual for interested parties to experience some uncertainty regarding their options for posing a challenge and the length of time they have to decide. 

The statute of limitations for probate disputes in Texas can depend on a few factors, depending on the type of dispute and administration. A conversation with a Houston probate attorney at the Law Office of Troy M. Moore, PLLC may help you clarify the timelines that apply to your situation. Call (281) 970-8039 to book.

What Are Probate Disputes?

Probate is the legal process by which those left behind resolve a deceased individual’s debts, file his or her final income tax returns, and distribute any remaining property from the individual’s estate to the appropriate parties. This last step tends to be where the majority of probate disputes arise, although they can be brought up at any point along the way.

Wills vs. Intestate Succession

When the deceased person has left behind a valid Last Will and Testament, the executor named in that document will be responsible for carrying out the probate process on behalf of the person who created the Will (the testator). When an individual dies without leaving a valid Will, his or her outstanding debts must still be paid and final income tax returns filed, but any assets remaining after these obligations have been fulfilled can obviously not be distributed according to the terms of the individual’s Will, since none exists.

Letters of Testamentary or Administration

Moreover, because a Will nominates an executor to oversee the final administration of the estate, in the absence of this document, there will not be a named party who can seek authorization from the court to begin the process. Instead, the Texas State Law Library (TSLL) explains that a probate court may appoint an administrator to close out the deceased individual’s estate through the rules of intestate succession.

Types of Probate Disputes

Disputes can arise during and about the probate process in a few key areas. Some of the most common probate disputes include:

• Disputes over the appointment of an estate administrator (typically in cases where there is no Will)
• Disputes over the payment of creditors (either because there are contested claims or because there are competing claims)
• Disputes over the distribution of property (particularly in cases where there is some ambiguity in the wording of the decedent’s Will)

The type of probate dispute you are most likely to have heard about is a contest of the Will itself. As TSLL explains, there is a designated period during which a Will can be contested before it is admitted to probate. After that point, any contest becomes subject to a two-year statute of limitations.

Important Timelines for Texas Probate

Texas law establishes a few different statutes of limitations for probate disputes, depending on the type of dispute involved. The statutes of limitations for many probate disputes in Texas may be “tolled” (essentially, extended) under certain circumstances. The interplay of the various factors to be considered can be complicated, so consider speaking with a Texas probate lawyer in your area if you are unsure of which rules apply in your specific situation.

Deadline for Admission to Probate

The Legal Information Institute (LII) explains that the term “statute of limitations” typically refers to either the length of time prosecutors have to bring a criminal case, or the length of time one person who has been harmed by another’s conduct has to bring a legal action in court, seeking compensation. Admitting a Will to probate does not fit either description, but presenting the Will to the probate court for validation is an important step toward beginning the process of formal administration, and the timeline for admitting the Will to probate therefore has a structuring effect on the statute of limitations for many probate disputes.

The timeline for initiating the probate process can vary widely. Many families prefer to have the Will admitted to probate and for the executor to seek Letters of Testamentary as soon as possible after the death of a loved one, so that all concerned can move forward with any outstanding issues resolved. Under Texas law, however, interested parties have up to four years from the date of the testator’s death to admit the Will to probate. The process may even be extended further if the person seeking to file the Will with the probate court can show good cause for the delay.

Timelines for Letters of Testamentary or Letters of Administration

The Texas Estates Code does not specify an exact period for the time between the presentation of a Will to the clerk and the hearing date for entering an objection to the Will (contesting the Will) before it is admitted to probate. As a general rule, courts prefer to move their proceedings expeditiously as long as there is no request for a stay or rescheduling, but there are at least two factors that can cause the hearing date to be at least a few weeks after the initial presentation of the Will:

• The relative congestion or openness of the court’s calendar: This can vary widely from one part of the state to another; courts in urban centers like the Houston area can often have very packed calendars, but on the other hand, they also may have more personnel to handle not just case loads, but the administrative tasks that accompany them.
• Service of citation: Tex. Estates Code Ann § 258.003 prohibits courts from taking any action on an application to probate a Will until service of citation has been completed; this “service” is a form of notice which courts publish to “interested parties” in a probate case. The term interested parties generally refers to any person or entity that might reasonably expect to receive a portion of the decedent’s estate. In addition to the family members who would stand to inherit in a formal administration carried out pursuant to the rules of intestate succession, interested parties might include creditors of the estate.

Tex. Estates Code Ann § 51.201 allows interested parties to waive the right to notice, so if all interested parties have signed waivers, then that may expedite the process for service of citation compared to the protocol for formal service specified in the Texas Rules of Civil Procedure. In that case, the probate may move forward as the court’s calendar allows. A Houston probate lawyer from the Law Office of Troy M. Moore, PLLC may be able to give you insights into the likely timeline based on the venue and particulars of the case.

Issuance of Letters of Testamentary or Administration

Once the Will has been probated, the clerk’s office must issue letters of testamentary (to an executor) or letters of administration (to an administration appointed by the court) before the process of independent administration can begin. Tex. Estates Code Ch. 306 mandates that the letters must be issued no more than 21 days from the date the Will has been probated in either case.

Statute of Limitations for Different Types of Probate Disputes

One reason why understanding the timeline for initiating probate proceedings is important to probate disputes is that the statute of limitations for these disputes is typically counted from one of these procedural dates. For the most common types of probate disputes, the time period and the date from which it is counted are as follows:

• Executor misconduct: If you become aware of potential misconduct by the executor or administrator of your loved one’s estate, you generally have up to four years from the date of the misconduct to file a personal action against the executor in civil court under Tex. Civil Practice and Remedies Code § 16.004.
• Contested Will: Contesting the Will is subject to a shorter timeline than alleging breach of fiduciary duty by an executor or administrator. Interested parties have up to two years from the date the Will is admitted to probate to file their challenge with the probate court.
• Creditors’ claims: Not all creditors’ claims will lead to probate disputes; in fact, many do not, as the executor often acknowledges the validity of a claim as recorded in the decedent’s financial documents. If there are any disputed claims, however, the timeframe for creditors to pursue them rapidly turns into a river delta of options based on the complex configurations that may apply, depending on the conditions present in the case. Even the State Bar of Texas notes that the only “safe harbor” for creditors in a probate case involving independent administration is to file suit against the executor of the estate directly to toll the statute of limitations while pursuing the claim.

Even if the statute of limitations for probate disputes in your particular case is at the longer end of the scale, unless the estate administration process has been very slow indeed, much of the property involved will likely have already been disposed of. For this reason, you may wish to speak with an attorney about your concerns sooner rather than later.

Probate Lawyer in Houston

Family members and other interested parties have only a limited period of time to take action if they believe something is wrong with the probate process of an individual’s estate. Probate disputes can be intricate matters, demanding deep knowledge of Texas law. Even if you are not yet sure whether you have a compelling case, a conversation with an experienced Houston probate lawyer may help to gain a deeper understanding of the particulars. Call (281) 970-8039 to schedule a private consultation with a member of our team at the Law Office of Troy M. Moore, PLLC.