|
Tennessee has a two year statute of limitations for proceeding to set aside the probate of a will. This two year statute of limitations is calculated from the date of the entry of the order admitting the will to probate. T.C.A. § 32-4-108 provides as follows:
All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen (18) years or adjudicated incompetent, at the time the cause of action accrues, the rights conferred by § 28-1-106.
However, there is an extension of time for individuals that are under the age of 18 years of age or are adjudicated incompetent at the time the cause of action accrues. This extension of the statute of limitations is found in T.C.A. § 28-1-106 which provides as follows:
If the person entitled to commence an action is, at the time the cause of action accrued, either under eighteen (18) years of age, or adjudicated incompetent, such person, or such person's representatives and privies, as the case may be, may commence the action, after legal rights are restored, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from restoration of legal rights.
As a result, individuals who are under 18 years of age or who are adjudicated incompetent at the time the cause of action accrued, have two years from the date of the “restoration of legal rights” to file suit. The “restoration of legal rights” occurs at the age of 18 for a minor and on the date the incompetent individual is no longer incompetent.
|