2.  General Rule =  Four years from the date of Testator’s death.

3.  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

4.  Late probate principles:  Late probate benefits all beneficiaries; not just the ones who are not in default.

5.  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

6.  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!

7.  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?

8.  General Rule =  Four years after decedent’s death

9.  Exception =  If administration needed to recover property due a decedent’s estate.  When would this happen?

10.  Non-Fraud Grounds examples: ▪ Lack of testamentary capacity ▪ Failure to comply with formalities  Two years from when will admitted to probate.

11.  Forgery or other fraud  Two years from discovery

12.  Tolling  Two years from when an incapacitated person’s disabilities removed ▪ Minors ▪ Persons non compos mentis

13.  General Rule = death of prospective plaintiff or defendant suspends running for 12 months after death.

14.  Exception = If a PR qualifies within the 12 month period, the statute begins to run again at the date of qualification.

15.  Morals & Lessons:  If decedent is prospective plaintiff:  If decedent is prospective defendant: