An individual’s passing may close the door on many possibilities, but it doesn’t always close the door on civil suits against the recently departed. If someone passed while owing you money, you can seek repayment from the estate of the person who passed (the decedent). However, you must make your claim on time.
How long do you have to sue an estate? In general, you must file your claim before the decedent’s estate closes and before the statute of limitations on your particular type of claim runs. The applicable time limits could mean you have several years or only a few months to submit your suit.
However, the time limits for a lawsuit should not scare you off from respectfully requesting what you are owed. When you speak to an experienced estate attorney from Robbins Estate Law, we can help ensure you promptly obtain what you deserve. We pair our clients with attorneys who are at the top of the industry. Contact us today for a consultation.
Limits on Estate Claims
So, how long do you have to sue an estate in Texas? This question can have many answers, and we should start our discussion with the deadlines that may apply in any civil lawsuit. Texas law states that individuals seeking to recoup their losses from a decedent’s estate may present their claims to the decedent’s representative before the estate closes, as long as the statute of limitations has not run on their claim. So, let’s talk first about the statute of limitations for different types of civil claims in Texas.
General Statutes of Limitations
A plaintiff can file a civil lawsuit against a deceased defendant as if the defendant were still alive. Whether a defendant is living or not, Texas applies specific time limits to certain types of claims. In general, the following time limits apply to civil cases.
One-year statute of limitations
A person has one year to start claims for the following types of torts:
- Libel,
- Malicious prosecution,
- Slander, and
- A breach of a promise to marry.
A year can pass quickly, so you should seek counsel right away when you think you have a legal claim.
Two-year statute of limitations
Many types of civil plaintiffs have only two years to initiate a claim, and they include plaintiffs with:
- Personal injury claims,
- Claims against trespass for injury to the estate or to the property of another,
- Lawsuits against the taking or detaining of the personal property of another, and
- Claims against conversion of personal property.
You may need to speak to an attorney to determine whether your case falls under the umbrella of general personal injury claims or involves a type of tort with a longer or shorter statute of limitations.
Four-year statute of limitations
If you have one of the following claims, you might have four years to initiate a lawsuit:
- A claim for debt;
- A claim for the settlement of a partnership account;
- A breach of fiduciary duty claim;
- A claim for specific performance on a real estate contract;
- A suit on the bond of a guardian, an executor, or an administrator;
- A fraud claim; or
- A suit for damages or a penalty on the penal clause of a bond to convey real property.
Time limits on claims encourage the timely handling of legal issues, which is particularly important for ensuring that estates close efficiently.
Exceptions to a general statute of limitations
If one of the deadlines mentioned above applies to your case and you miss the deadline, you might be barred forever from making a claim on a decedent’s estate. However, the law might give you a little leeway on these claim deadlines if the defendant passed away before the deadline passed. The death of a defendant might suspend the statute of limitations in your case for 12 months after the defendant’s death.
Limits on Estate Claims
When a personal representative opens a case to administer a decedent’s estate, they must notify claimants about the time limits for presenting their claims. A personal representative might have to provide notice by publishing it in a local newspaper and sending letters to secured creditors.
In Texas, claimants or creditors generally have four months after receiving proper notice of the probate administration to make claims on a probate estate. But remember that if the statute of limitations on your complaint against the decedent has already expired, you might not have a right to make a claim on the estate.
Can You Sue an Estate After Probate?
Typically, no. Texas law states that claimants must make their claims on an estate before probate closes. However, many claimants can still seek payment from beneficiaries who received assets from the estate during distribution.
Let Us Help You Recover
Timely seeking the compensation you deserve from someone’s estate is a sensitive and pressing matter. And there is no one better to quickly guide you through the process than one of our experienced probate attorneys at Robbins Estate Law. We are award-winning and receive great reviews from our clients. We can also work with your budget to help ensure you receive superior service that does not break you financially. Please call us today or contact us online to schedule an appointment.
Resource List
- Texas Civil Practice and Remedies Code §71.021, link
- Texas Civil Practice and Remedies Code §16.002, link
- Texas Civil Practice and Remedies Code §16.003, link
- Texas Civil Practice and Remedies Code §16.004, link
- Texas Civil Practice and Remedies Code §16.062, link
- Texas Estates Code §§308.051-308.053, link
- Texas Estates Code §355.060, link
- Texas Estates Code §355.152, link
- Texas Estates Code §355.063, link
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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