Robert Valdez, Individually and as Administrator of the Estate of Pierre V. Bernard, Deceased, and Fidelity and Casualty Company of New York v. David Hollenbeck, Individually and as Successor Administrator of the Estate of Pierre V. Bernard, Deceased, et al.

Summary

The Supreme Court of Texas held that former Texas Probate Code section 31 established a two-year limitations period for all bills of review in probate proceedings, including equitable bills of review. Because the heirs filed their petition more than two years after any tolling period ended, the Court held the petition untimely, reversed the court of appeals, and rendered judgment for the administrator and surety without reaching the merits.

Holdings

1. Former Texas Probate Code section 31 unequivocally prescribed a two-year limitations period for all bills of review in probate proceedings, regardless of whether the bill was statutory or equitable.
2. The heirs' bill of review was untimely even assuming that discovery-rule or fraudulent-concealment tolling could apply in this probate context.

Questions Presented

1. Whether former Texas Probate Code section 31 prescribed a two-year limitations period for all bills of review attacking a probate decision, order, or judgment, including equitable bills of review.
2. Whether the heirs' bill of review was timely under discovery-rule or fraudulent-concealment tolling doctrines.
3. Whether the Supreme Court could resolve the limitations issue without reaching the merits of the bill of review or the underlying fiduciary-duty claims.

Disposition

reversed