In California, how long you have to sue an estate depends on the nature of the claim you’re bringing. That said, one thing is for certain: Your claim will be subject to a deadline. If you miss that deadline, you could lose your ability to recover the money or property you’re rightfully entitled to from an estate or executor.
If you’re a beneficiary, heir, surviving spouse or other interested party, you may have certain rights during the probate process. However, delaying legal action can seriously compromise your ability to enforce those rights.
For this reason, it’s crucial to promptly consult an experienced probate attorney once you’re notified about the administration of the estate — or at the latest, once probate begins. Your legal counsel can help you identify the deadline for your specific type of claim and guide you with next steps.
Suppose a decedent had been sued because of a slip-and-fall accident someone had on the sidewalk in front of their home, which they’d failed to clear of snow. If the decedent dies before satisfying the judgment, the injured party may still pursue repayment by entering a creditor’s claim with the decedent’s estate.
In California, the statute of limitations for filing a creditor’s claim is typically four months from the date a personal representative (i.e., the executor or administrator of the estate) is appointed, or 60 days from when the creditor receives notice of estate administration — whichever is later. Even if the claimant has ample evidence to prove their claim, their efforts could prove fruitless if they fail to timely file their claim — no matter how compelling it is.
According to California Code of Civil Procedure section 366.2, most legal claims against a decedent must be brought within one year of their death — and being unaware of the death usually isn’t regarded as a valid excuse for bringing an untimely claim.
By working with a probate attorney early on, you’ll have someone keeping track of key deadlines and ensuring your claim is filed on time and in accordance with established procedures. One of the most unfortunate outcomes is when someone has a strong, well-supported claim but loses the opportunity to pursue it due to a missed deadline.
Don’t let this happen to you. To protect your rights, consider touching base with a knowledgeable probate attorney as soon as you’re notified about the estate administration to determine whether filing a claim may be necessary to secure what you’re entitled to from a decedent’s estate.
Is Suing an Estate the Same as Suing an Executor?
Suing an estate is not the same as suing an executor — even though both types of claims are technically handled by the executor.
Claims against an estate usually relate to actions or obligations of the decedent before their death, such as unpaid taxes or misappropriated property. They may also relate to heirship claims, which aim to establish a beneficiary’s or heir’s interest in an estate.
In contrast, claims against an executor may involve the executor’s own misconduct during estate administration, such as mismanaging assets or siphoning funds.
A simple way to distinguish between the two: If the issue arose during the decedent’s lifetime, or has to do with a beneficiary’s or heir’s right to inherit, you likely have a claim against the estate; if it arose during administration, you likely have a claim against the executor.
Note that many of the same types of claims that apply to executors also apply to administrators, who generally are appointed when there’s no will. Executors typically oversee testate estates, while administrators typically oversee intestate ones.
While the executor may receive both types of claims, the statutes of limitations for suing an estate may differ from those for suing an executor. We’ll break down these timelines later in the article.
What Does It Mean to Sue an Estate?
When you sue an estate, you are initiating legal action against the entity responsible for managing a decedent’s assets during probate and ultimately distributing those assets to estate beneficiaries according to the terms of the decedent’s will — or, if no will exists, to the decedent’s heirs according to intestate succession laws.
The reason the estate is sued instead of the decedent is simple: If you’re owed money, property or an inheritance by someone who has died, you cannot sue them directly, but you can file a claim against their estate. During probate, the estate is required to settle all a decedent’s outstanding liabilities before providing beneficiaries and heirs with their inheritances.
Any claims filed against an estate are received by the personal representative. If a claim is filed by a creditor, and the personal representative deems a claim to be valid and accepts it, the estate will repay it — provided the estate has sufficient assets. If the representative deems a claim to be invalid and rejects it, pursuing repayment may require litigation.
Other actions initiated against an estate may include heirship claims, or claims brought by alleged heirs or beneficiaries to establish their interest in an estate. If this type of claim is filed by an heir or beneficiary, it is typically done by petition, and the personal representative will have the opportunity to file a response. The parties may elect to settle the claim outside of court, or they may litigate.
Deadlines for Common Claims Against an Estate
The types of claims you can make against an estate are wide-ranging. It may help to think about them like this: If you had legitimate grounds to sue someone while they were alive, you likely still have grounds to sue their estate after their death — provided you do so within the proper timeframe.
After all, an estate is simply a legal entity that steps into the decedent’s shoes for the purpose of settling their financial and personal affairs and carrying out the terms of their will — or, if there is no will, distributing their assets according to the laws of intestate succession.
In the sections below, we’ll break down some of the most common types of claims against an estate — along with important deadlines to keep in mind when pursuing them.
Creditor Claims
A creditor’s claim is a formal process for notifying a decedent’s estate of an outstanding debt and requesting repayment. Many people falsely believe debts simply dissolve when someone dies. However, this is far from the truth. If a decedent owed money, creditors will likely pursue repayment from their estate.
While the personal representative has the duty to notify ascertainable creditors, it’s critical that creditors not solely rely on these notices. The timeframe for filing a creditor’s claim is rigid, and a failure to act within the specified period can jeopardize your ability to recover what you’re owed. Therefore, creditors should be proactive in securing repayment.
Under Probate Code Section 9100, creditors generally have four months from the date of the personal representative’s appointment or 60 days from the date they were notified of estate administration to file a claim — whichever deadline occurs later.
It’s crucial to remember that all causes of action against a decedent expire one year after their death — even if probate has not yet been opened. If the one-year deadline is approaching without any indication that probate is underway, it’s strongly advised to consult with a probate attorney to determine whether it may be wise for you to initiate probate yourself.
Keep in mind that entering a creditor’s claim does not guarantee repayment. For instance, if the personal representative believes the debt was already settled by the decedent, they may reject the claim. However, if the creditor firmly believes the claim is valid, they can pursue litigation to try to obtain a judgment. If successful, this would generally oblige the estate to repay the creditor.
It’s also important to note that creditor claims take priority over distributions to beneficiaries and heirs. This means that if estate assets are depleted in the process of settling debts, the beneficiaries will not receive any inheritance.
Debts must be repaid in the following order:
- Estate administration expenses
- Obligations secured by mortgage, deed of trust or other lien (i.e., secured loans)
- Funeral expenses
- Medical expenses related to last illness
- Family allowance (i.e., preliminary partial distributions to family members who were financially dependent on the decedent)
- Wage claims (i.e., claims made by employees or contractors of the decedent who had not been paid)
- All other debts (e.g., credit card debt, debt not secured by liens)
Heirship Claims
Heirship claims seek to establish whether a beneficiary or heir is entitled to inherit from a decedent’s estate and, if so, what their interest consists of. These claims can take many forms.
Common claims to establish heirship or entitlement to estate property can take many forms, including claims related to the following :
Ambiguities in a Will
Suppose a decedent’s will states that his home should go to his children, but since the decedent has a blended family and two sets of children, it’s unclear whether the home should be divided among just his biological children or among both his biological children and stepchildren.
In this scenario, the ambiguity in the will could give rise to an heirship claim by the stepchildren, who wish to establish themselves as beneficiaries of the property.
Equitable Adoption
Suppose a decedent raised the child of his former girlfriend as if she was his own biological child, paying for her essential expenses and presenting her to the world as his own child. However, because the decedent and the child’s mother had not been on good terms, the mother refused to provide the necessary permission for the decedent to adopt her. As a result, when the decedent died intestate, the child had no right to any portion of his estate.
In this scenario, the child could file an equitable adoption claim to confirm her status as “equitably adopted,” so she can inherit from his estate as though she were his biological child. In recent years, equitable adoption statutes have been broadened, making it simpler for children who would’ve been adopted were it not for a technicality to nevertheless inherit.
Putative Spouses
Suppose the partner of a decedent had no reason to believe she wasn’t married to the decedent and wasn’t his spouse. After her spouse’s death, however, she was shocked to learn that the decedent had never formally divorced his former spouse, making her a putative spouse.
In this scenario, so long as the putative spouse can demonstrate that she believed in good faith that her marriage was legitimate, she could file a putative spouse claim to inherit from the decedent’s estate as though her marriage weren’t void. If her putative spouse claim is granted, she would inherit the equivalent of what a surviving spouse would inherit under intestate succession laws, which is all the community property and a portion of the decedent’s separate property.
Will Contests
Will contests seek to challenge the validity of a decedent’s will. To bring a will contest, your claim must meet one or more of the established grounds for contesting a will, and you must have standing — that is, you must have a financial stake in the outcome of the case.
The timeframe for contesting a will is significantly more rigid than the timeframe for filing a creditor’s claim. Per Probate Code Section 8270, you must file a petition to revoke probate of a will within 120 days from the date the will is admitted to probate.
A simpler and more cost-effective option may be to object to the will’s admission to probate before it occurs, either by filing a written objection before the initial probate hearing or by appearing at the hearing to object in person.
While a will contest is a dispute over the legitimacy of the document that’s purported to be the decedent’s will, it typically involves a claim against the estate itself. The estate is the entity that submitted the will to the court, and it is the personal representative who generally is tasked with defending the validity of the will.
In some cases, the personal representative may initiate a will contest themselves. For example, if there is evidence to suggest a beneficiary exerted undue influence over a decedent to cause the decedent to amend their will, the executor may contest the will.
On the other hand, in a contest where beneficiaries are in disagreement with one another, the executor may abstain from participating to uphold their duty of impartiality. Instead, they may simply carry out the court’s final decision.
Property Disputes
If a decedent or their estate misappropriated property belonging to someone else, the affected party may be able to recover that property by bringing a claim against the estate. One of the most efficient and cost-effective ways to do this is by filing an 850 petition — i.e., a legal tool designed for resolving disputes over property ownership in estate and trust matters.
Suppose a decedent, who jointly owned a real estate business with his brother, had forged his brother’s signature on a deed and transferred jointly owned property to himself before he died. It wasn’t until after the decedent’s death that his brother discovered the deed and filed an 850 petition to recover half of the property that had wrongfully been taken.
Lawsuits regarding title or ownership of property do not fall within Califorina’s creditor’s claims statutes. Because of this, the filing of a creditor’s claim is not typically required before filing an 850 Petition to recover title to specific property from an estate.
That said, waiting years to act is rarely advisable. The sooner you bring your claim, the more options you’ll likely have — and the greater your chance of success.
Breach of Contract
If a decedent entered into a contract prior to their death, and that contract remains unfulfilled either due to their passing or the estate’s refusal to honor its terms, you may need to bring a claim against the estate to enforce the agreement.
According to Code of Civil Procedure section 366.2, if someone dies and you still have a valid breach of contract claim against them, you can file a lawsuit; however, you will only have one year from the decedent’s date of death to bring your claim, even if you had substantial time remaining before the original statute of limitations lapsed.
Suppose a decedent had signed a written agreement to transfer ownership of real property to another party on a specified date. If the decedent died before that date, and the personal representative refuses to follow through with the transfer, the intended recipient could bring a claim against the estate to compel compliance with the contract — provided they do so within one year from the decedent’s date of death, not the four-year window from the agreed-upon transfer date you would have been given if the decedent were alive.
What Does It Mean to Sue an Executor?
When you sue an executor or administrator, you’re taking legal action against the person or entity responsible for overseeing a decedent’s estate — typically because their actions, inaction or negligence have caused, or are likely to cause, the estate harm.
Any misconduct by a personal representative — whether inadvertent or not — can jeopardize the inheritance of beneficiaries and heirs. If there’s even a chance they’re mismanaging estate assets, neglecting their duties or placing their own interests above those of the beneficiaries or heirs, swift legal action is essential to prevent further damage.
While personal representatives can typically use estate funds to defend against claims, they may be held personally liable for reimbursing the estate — and occasionally their opponents — for their legal costs if the court finds they were engaged in misconduct. They also may be suspended or removed and surcharged.
Even though the statute of limitations for suing their executor may be several years, waiting to file a claim is risky — as it could allow the misconduct to continue. The longer you wait, the harder it becomes to prove wrongdoing and recover assets.
Deadlines for Common Claims Against an Executor
Claims against a personal representative are much narrower in scope than claims against an estate because they center on one key issue: The executor or administrator failed to act in the best interests of the beneficiaries or heirs. Nearly all of these claims arise after probate has officially begun.
A personal representative’s sole duty is to carry out the terms of a will — or follow intestate succession laws if no valid will exists. This is to ensure the decedent’s assets go to their intended recipients or rightful heirs. This role isn’t about personal judgment or deciding who deserves what — it’s about abiding by the legal process.
If a personal representative fails in this role, it should raise immediate concern. It’s critical you take swift legal action to protect your inheritance and enforce your beneficiary rights. After all, their job is to represent your interests.
In the sections below, we’ll cover the most common claims made against executors, along with key deadlines you need to know.
Breach of Fiduciary Duty
Executors and administrators are fiduciaries, which means they have a legal duty to act in the best interests of the beneficiaries and/or heirs they represent. When a personal representative takes — or fails to take — an action that compromises those interests, they may be in breach of their fiduciary duties.
For example, when an executor is not communicating with beneficiaries, mismanaging estate assets, overstepping their authority or allowing a conflict of interest to interfere with their fair and impartial administration of an estate, their actions could compromise a breach, otherwise known as executor misconduct.
Say an executor quietly gives a loan to one beneficiary without recording it or offering the same opportunity to other beneficiaries. If the other beneficiaries find out, they may be justified in suing the executor — not only for the lack of transparency and improper accounting, but also for showing favoritism, which undermines their duty of impartiality.
Code of Civil Procedure section 343 sets a general four-year statute of limitations for breach of fiduciary duty claims. This deadline typically begins when the breach is discovered — or reasonably should have been discovered.
That said, deadlines for breach of fiduciary duty claims can be nuanced. For example, if an executor’s alleged breach relates to their failure to file a final account or distribute assets, the four-year statute of limitations may not apply. Likewise, there is no statute of limitations for a breach of fiduciary duty claim brought by the decedent’s spouse against the estate due to alleged breaches of fiduciary duty occurring during the marriage that have harmed the community estate..
To protect your inheritance and ensure timely legal action, it’s always best to consult with a qualified probate attorney as soon as you suspect wrongdoing.
Failure to File Final Account or Distribute Assets
While a personal representative’s failure to file a final account or make timely distributions can constitute a breach of fiduciary duty, these specific failures may be treated differently under the law.
Once all debts have been paid, estate assets accounted for and disputes surrounding the estate resolved, the personal representative is required to file a final accounting with the court and distribute remaining assets to beneficiaries or heirs within a reasonable timeframe.
If that final account is never filed or is incomplete or inaccurate, or if the personal representative delays distributions without justification, affected beneficiaries must act quickly. In most cases, once the court approves the final account and closes the estate, it’s too late to file a claim.
The bottom line? Timing is critical. Waiting too long could result in the permanent loss of your rights as a beneficiary.
Fraud or Embezzlement
Fraud by a personal representative entails an executor or administrator intentionally deceiving beneficiaries for personal gain, whereas embezzlement entails their misappropriating estate assets.
Say an executor were to hide estate property or prepare inaccurate accounts to conceal mistakes caused by their negligence. They may be committing fraud. Say an executor were to siphon money from estate accounts, despite having been entrusted with the money. They may be embezzling assets.
In California, fraud and embezzlement claims are generally subject to a three-year statute of limitations under Code of Civil Procedure section 338(d). The clock begins ticking when the misconduct is discovered — or when it reasonably should have been discovered.
Suspicions of fraud or embezzlement should not be taken lightly. It’s crucial to sue — or at least consult with an attorney — as soon as wrongdoing is suspected. Acting quickly not only makes it easier to recover misappropriated assets but helps prevent further damage to the estate as well.
Remember, while the statute of limitations may seem generous, waiting too long can jeopardize your ability to bring a successful claim.
Important Deadlines for Estate Claims
Whether your claim is against the estate itself or the executor or administrator in charge of it, timing is everything. No matter how valid your claim may be, filing it late could result in it being dismissed without consideration.
Now that you have a general idea of the deadlines for suing an estate or executor, you might be wondering when exactly to file your claim during the probate process. Should you act as soon as the cause of action arises? Wait until you’ve gathered solid evidence? Or hold off until probate is complete and the estate has closed?
When Can You Sue an Estate?
Knowing when to initiate the claims process against an estate can be confusing.
In this section, we’ll answer important questions around timing — including when it’s best to file your claim, and when doing so may be too early, too late or otherwise problematic.
If you believe you have a potential claim, your first step should be to consult with an attorney. Not all claims fit neatly within standard deadlines, and an attorney can help you determine which time limits apply to your situation — ensuring your claim is given the proper consideration and not dismissed on a technicality.
Can You Sue an Estate Before Probate?
In California, it’s generally not possible to sue an estate before probate is opened. This is because an estate does not become a legal entity capable of being sued until a personal representative is formally appointed by the court — typically at the initial probate hearing. Until that happens, there’s no one authorized to receive or respond to claims on behalf of the estate.
If probate hasn’t been opened and time is running out — especially with California’s strict one-year statute of limitations for claims against a decedent — you may have the option to initiate probate yourself. Doing so ensures a personal representative is appointed in time and gives you the opportunity to file a claim before the deadline lapses.
There may also be limited exceptions for claims involving non-probate assets, such as jointly held accounts, trust assets and retirement accounts. Since these assets bypass probate, it may be possible to pursue their recovery without waiting for probate to be opened. However, these cases can be legally complex, so it’s advisable to work with an experienced probate attorney to navigate the process and applicable deadlines.
Can You Sue an Estate During Probate?
In California, the ideal time to bring a claim against an estate is during the probate process. This is the period when estate assets are identified, valued and used to settle outstanding debts before the assets that remain are distributed to beneficiaries according to the will terms or heirs according to intestate succession laws.
Filing your claim during probate increases your chances of recovery, as assets are still under the court’s supervision and are available to satisfy valid claims. If you wait until after distributions have been made, you may encounter the additional hardship of trying to recover funds directly from beneficiaries or heirs — who may have already spent, sold or transferred their inheritances.
Many petitioners worry they don’t have enough evidence to bring a claim. While evidence is an essential part of any case, there will be ample time to gather it during the discovery process if your case proceeds to litigation. What’s often far less flexible is the deadline for filing a claim — and missing it can mean losing your right to pursue it altogether.
Chances are, you already have some evidence your attorney can use to draft an initial complaint. If more is needed, your attorney can advise you on how to obtain it or help obtain it themselves. In short, gathering evidence shouldn’t delay you — the top priority is filing your claim on time.
Can You Sue an Estate After Probate?
While it is technically possible to sue an estate after probate has ended, doing so is far more complicated — and significantly less likely to result in a favorable outcome.
Once probate ends, estate assets have generally already been distributed to beneficiaries or heirs, who are under no legal obligation to preserve those assets. As a result, you may be left trying to recover funds from individuals who have already spent, sold or otherwise depleted what they received.
Adding to the complexity, there won’t be a personal representative in place to receive or respond to your claim. This means the court may need to appoint one — a process that can be time-consuming, costly and potentially futile if little or nothing remains to recover.
For these reasons, it’s strongly recommended that you file your claim as early in the probate process as possible. Acting promptly not only simplifies the process but also substantially improves your chances of a successful recovery.
Can You Sue a Closed Estate?
While it’s possible to sue a closed estate, we strongly advise against waiting until probate has concluded to bring your claim. By this point, your chances of recovering anything are significantly diminished.
Because suing a closed estate is effectively the same as suing an estate after probate, we encourage you to refer to the section above for a detailed explanation of the risks and challenges involved in doing so.
When Can You Sue an Estate?
Although most claims against an executor or administrator fall under breaches of fiduciary duty, fraud or embezzlement — which are generally subject to a three- or four-year statute of limitations — the best time to take legal action is as soon as possible after the misconduct is discovered.
For example, if an executor fails to disclose certain assets in the estate inventory, beneficiaries should act quickly once they become aware of the omission. While the concealment might be an oversight, if it was intentional, early legal intervention can help halt the misconduct, recover the assets before they’re permanently lost and prevent further damage to the estate.
Because claims against a personal representative typically don’t arise until after probate has begun, many assume they have time to wait. And while the legal deadline to file may technically be several years away, waiting too long can weaken your case. Key evidence may disappear, witnesses’ memories may fade and court-approved actions may become difficult to reverse.
When it comes to suing an executor or administrator, swift action isn’t just advisable; it’s essential.
Takeaway: Why Is There a Statute of Limitations on Estate Claims?
There is a statute of limitations on estate claims to ensure that estates are administered properly and timely. Without clear deadlines, claims could arise years after a decedent’s death, making it difficult — if not impossible — to close probate and distribute assets to beneficiaries and heirs.
There are also practical reasons why such strict time limits are necessary. Delaying legal action can be risky. As mentioned earlier, if you wait until after probate ends to file your claim, the assets you’re trying to recover may already have been distributed, depleted or sold. Important evidence — such as documentation or witness testimony — may also become harder to come across.
Lastly, administering an estate isn’t free. The longer probate drags on, the more it costs the estate, potentially reducing or eliminating the value of inheritances. For example, if an estate includes rental properties, the estate may need to continue paying for maintenance and repairs until those assets are distributed.
The same holds true if an executor is engaged in misconduct. If an executor is siphoning estate funds, the longer legal action is delayed, the more opportunity they will have to do so. Over time, these losses can significantly diminish what’s left for beneficiaries and heirs.
Estate Claim Statute of Limitations FAQs
If you still have questions about estate claim deadlines — or estate claims in general — take a look at the frequently asked questions below.
Although these blog posts provide valuable background information, it’s essential to consult with an experienced probate attorney for personalized guidance before filing a claim.
Can an executor be charged criminally?
Yes, an executor can face criminal charges, but most instances of executor misconduct — like those discussed in this article — are typically resolved through civil court proceedings.
Criminal charges are usually reserved for more serious offenses, such as elder financial abuse. If an executor is found guilty of such misconduct, they could face both criminal penalties and civil liability.
Can a beneficiary sue an executor?
Yes, a beneficiary can sue an executor — but only if they have a direct financial stake in the outcome of the claim. For instance, if an executor misappropriated valuable jewelry from an estate, a beneficiary would need to demonstrate that recovering the jewelry would personally benefit them to have standing to sue the executor.
Generally, the right to sue an executor is limited to beneficiaries and the decedent’s direct heirs. However, in some cases, other parties — such as creditors — may also have standing, but only if the executor’s actions directly harmed them. For example, a creditor might have grounds to sue if the executor made distributions to beneficiaries before paying the estate’s outstanding debts.
Can an executor sue a beneficiary?
Yes, an executor can sue a beneficiary — but only if there is evidence that the beneficiary harmed the estate or the decedent.
Say an executor discovers that a beneficiary, who previously served as the decedent’s power of attorney, continued using that authority after the decedent’s death to misappropriate funds from the decedent’s bank accounts. In this instance, the executor could sue the beneficiary to recover the stolen assets, seek damages and possibly even have the beneficiary disinherited from receiving any portion of the estate.
That said, executors must remember that just as beneficiaries can’t sue them over personal slights or grievances, the same applies in reverse. A beneficiary who frequently requests status updates or expresses dissatisfaction — while perhaps frustrating — generally cannot be sued unless their behavior crosses a legal boundary.
Can a caregiver sue an estate?
Yes, a caregiver can sue a decedent’s estate if they have valid legal grounds for doing so. For example, if the caregiver had a written agreement for compensation and was not paid the full amount owed, they can file a creditor’s claim against the estate to recover unpaid wages and potentially even pursue a breach of contract claim.
Can you sue an estate for pain and suffering?
Yes, you can sue an estate for pain and suffering if the decedent’s negligent actions caused a personal injury resulting in physical harm, emotional distress or loss of enjoyment of life.
Remember, even personal injury claims are subject to the one-year statute of limitations set by Code of Civil Procedure section 366.2. This means claims must be filed within one year of the decedent’s death — even if it hasn’t been one year since you became aware of your injury. This deadline generally supersedes the usual statutes of limitation for personal injury claims.
Can credit card companies sue an estate?
Yes, credit card companies can sue an estate if the decedent’s outstanding debts remain unpaid, and the estate has sufficient assets to cover them.
That said, credit card debt is considered a lower-priority obligation in probate. This means higher-priority debts — such as estate administration expenses, secured debts and funeral costs — must be paid before debts to unsecured creditors like credit card companies are satisfied.
How much does it cost to sue an estate?
The cost of suing an estate can vary widely and depends on numerous variables, including the size of the estate, the nature and complexity of your claim, and the timing of when the claim is filed.
Legal fees will also depend on the fee arrangement you establish with your attorney. For example, you may pay a retainer and hourly rates, allowing you to keep the full recovery if your claim is successful. Alternatively, you might choose a contingency fee arrangement, where you pay nothing upfront and your attorney receives a percentage of any amount recovered.
While straightforward estate claims may cost under $50,000, complex disputes — particularly those involving litigation — can range anywhere from $100,000 to several hundred thousand dollars.
The best way to estimate your potential legal costs is to consult with a probate attorney. They can evaluate your case and help you develop a strategy that aligns with both your desired outcomes and budget.
Can an estate sue someone?
Yes, an estate can sue someone if that person possesses money or property that rightfully belongs to the estate, or if they have breached a contract or committed some other wrongdoing that harmed the estate. The party being sued might be a beneficiary or heir, or it could be a third party with no direct connection to the estate.
However, it's important to note that it’s not the estate itself that files the lawsuit — it's the personal representative who brings the claim on behalf of the estate. Unless restricted by the will or limited by the estate’s resources, the personal representative is generally permitted to use estate funds to pursue legal action, provided the claim is in the best interest of the estate.
Can a beneficiary sue on behalf of an estate?
Yes, a beneficiary can sue on behalf of a deceased person's estate, but only under specific "special circumstances." Suing on behalf of an estate is generally a responsibility that rests with the personal representative.
So, when can a beneficiary sue on behalf of an estate? If the personal representative refuses to act or has a conflict of interest that interferes with their ability to fairly represent the estate, the court may grant a beneficiary standing to pursue a claim on behalf of the estate.
Can I sue a deceased person?
While you cannot sue a deceased person directly, bringing a claim against their estate serves the same legal purpose. If you have a claim that arose before the person’s death, was ongoing at the time of their death or emerged afterward, you may be able to initiate or continue the claim against their estate.
Remember, when you sue a decedent’s estate, you are effectively suing the decedent.
Still have questions about how long you have to sue an estate or executor?
Navigating estate claims can feel overwhelming — especially as you’re grieving the loss of your loved one.
At Keystone Law Group, our experienced probate attorneys are here to take that burden off your shoulders. From managing deadlines to filing paperwork and handling legal intricacies, our organized and attentive team will guide you through every step of the process.
All you need to do is show up — we’ll take care of the rest. Contact us today to find out how we can assist with your estate claim.
