Legal Question in Wills and Trusts in Pennsylvania

In the state of pennsylvania ,what is the statue of limitations on challenging

an estate with no will.


Asked on 2/05/11, 10:33 am

2 Answers from Attorneys

I do not understand the question. Challenges are filed against wills and are called caveats. If there is no will, then there can be no challenge to the will and the estate would be distributed as per the state intestacy laws.

If you had a claim against the estate, you had at most, 1 year after their death, unless a different statute of limitation applied and had not expired at the time of death. In that case, you only have the unexpired portion of the statute of limitations..

20 Pa.C.S.A. � 3383

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)

Chapter 33. Administration and Personal Representatives

Subchapter E. Claims; Charges; Rights of Creditors (Refs & Annos)

� 3383. Statutes of limitations; claims not barred at death

The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which otherwise would be barred within one year after the death of the decedent shall not be barred until the expiration of one year after his death. Nothing in this section shall be construed to shorten the period which would have been allowed by any applicable statute of limitations if the decedent had continued to live.

If a claim was not at issue but the administration of the intestate estate was erroneous, objections can be filed to the account.

Time limits for caveats and objections to accounts are relatively short.

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Answered on 2/06/11, 8:46 pm

I would also add that you have 5 years after final confirmation of the account. See:

20 Pa.C.S.A. � 3521

� 3521. Rehearing; relief granted

If any party in interest shall, within five years after the final confirmation of any account of a personal representative, file a petition to review any part of the account or of an auditor's report, or of the adjudication, or of any decree of distribution, setting forth specifically alleged errors therein, the court shall give such relief as equity and justice shall require: Provided, That no such review shall impose liability on the personal representative as to any property which was distributed by him in accordance with a decree of court before the filing of the petition. The court or master considering the petition may include in his adjudication or report findings of fact and of law as to the entire controversy, in pursuance of which a final order may be made.

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Answered on 2/06/11, 9:33 pm


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