Challenges to Will Dismissed as Untimely (Pa. Super. NP)

A petition filed by foreign relatives of the decedent challenging the decedent’s will and the distribution of the proceeds of property sold by a guardian of the decedent was properly dismissed as untimely when it was filed more than 30 days after the sale of the property was approved in the decedent’s guardianship proceeding and more than two years after probate of the decedent’s will. The foreign relatives were not required to receive notice of the guardianship proceeding, and a lack of notice is not an exception to the one year period for appeals from probate under 20 Pa.C.S. § 908. A constructive trust is not an available remedy once a statute of limitations has expired, because it would allow a collateral attack on the probate decree. The Superior Court also dismissed a cross-appeal of an earlier order on abatement (see “Abatement of Appeal from Probate Denied for Lack of Service“) as moot. In re: Estate of: Ülkü Camlibel, 186 WDA 2026, 216 WDA 2025, and 255 WDA 2025 (Pa. Super. 8/25/2026) (non-precedential).

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