(For Effective Date, See note.) Right to Offer Will for Probate; "Interested Person" Defined

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Probate
  5. General Provisions
  6. (For Effective Date, See note.) Right to Offer Will for Probate; "Interested Person" Defined

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  1. As used in this Code section, the term "interested person" shall include, but shall not necessarily be limited to, any heir of the decedent; legatee, devisee, or beneficiary under the will; creditor of the decedent; purchaser from an heir of the decedent; administrator or temporary administrator appointed for the estate of the decedent prior to the discovery of the will; trustee or beneficiary of a testamentary trust established by the will or of a trust to which the will makes a devise or bequest; and individual making a claim under, or having standing to caveat to the probate of, an earlier will. An agent, conservator, guardian, guardian ad litem, or other fiduciary or appropriate representative of such an interested person may act on such interested person's behalf.
  2. The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for probate with reasonable promptness, or if no executor is named, any interested person may offer the will for probate.

(Code 1981, §53-5-2, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2018, p. 356, § 3-1/SB 436; Ga. L. 2020, p. 377, § 1-17/HB 865.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, § 776.

C.J.S.

- 95 C.J.S., Wills, § 468.

ALR.

- Necessity of allegations that contestant of will is an interested party, 117 A.L.R. 1455.

Statutes dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1201.


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