Suing An Estate Executor Without A Will In Philadelphia
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FAQ
Can a Beneficiary Sue the Executor? An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
The statute of limitations to contest a will varies by state and is typically between three months and two years. If the claim involves fraud, the statute of limitations often begins running on the date the fraud is discovered.
Although there is no set time limit on how long you have to settle an estate in Pennsylvania, probate and estate lawyers can help you get it done in a timely manner and guide you through the process.
When a person dies without a will, they have died “intestate.” In cases where someone dies intestate, the Register of Wills will appoint someone to administer the estate. Usually, the estate administrator is a spouse or child of the person who died.
Under 20 PA Cons Stat § 3532, creditors have one year from the date of the first publication of notice to creditors to make any claims. However, creditors can still make potentially valid claims against the estate even after this deadline has expired, until the assets of the estate have been distributed.
See PEF Code §3532(b)(1). No claimant shall have any claim against distributed real property unless such claimant has, within one (1) year after the decedent's death, filed a written notice of claim with the Clerk of Court.
The death of a party does not stop the running of the statute of limitations applicable to any claim against the decedent, but any claim that would otherwise be barred within one (1) year after the decedent's death is not barred until the expiration of one (1) year after the date of his death.
You must file out a form and submit it to the register to make the claim official. If the claim is filed by a creditor with the court, their right to proceed is preserved against what is known as the distributee or who receives assets from the estate only if the real property is considered an estate asset.
Settling an uncontested estate takes anywhere from 9 months to 18 months.
