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Is there a Time Limit or Statute of Limitations for Claiming an Inheritance in New York?
There is no formal time limit for claiming an inheritance in New York. There are, however, deadlines around the inheritance that you should be mindful of: the six-year deadline for challenging an account of the estate, the three-year deadline for making a claim against an executor for theft from the estate, and the first-hearing deadline for objecting to the will.
A late claim does not go unexamined. The court will look into the situation and examine the reasons for the late filing, and if the court’s suspicions are confirmed, it may deny the inheritance. If the filing takes place more than six months after the death, the court will require an affidavit explaining why it took so long to file for the inheritance, and it may make an additional inquiry into the circumstances of the late filing.
Two things shape how skeptical the court will be. The first is time: New York courts are more skeptical if the claim was not made for several years. The second is the degree of relationship: the further the claimant’s relationship to the decedent, the more skeptical the court is going to be of the excuse for the late filing.
Delay also hurts the estate itself. Claims can get stale. If someone owes the estate money, the estate will not be able to sue them once the statute of limitations has expired. The statute of limitations for claims against an estate can range from 2 to 6 years from the date of the occurrence of the claim, depending on the type of case, and some cases have an even shorter statute of limitations.
Finally, there is the practical question of whether anything is left in the estate. If someone has had access to the estate assets for the years they were not claimed, whoever took the assets has likely spent them years ago, and the estate is exhausted. So even if there is a valid claim, collecting it will be a problem.
Because late-filed inheritance claims are subject to higher scrutiny by the court, the claim must be carefully thought out and prepared. We can help. Call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and experience make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
