(For Effective Date, See note.) Time Limitation

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Probate
  5. General Provisions
  6. (For Effective Date, See note.) Time Limitation

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  1. As used in this Code section, the term "will" includes a codicil.
  2. A will shall not be offered for probate following the expiration of five years from the earlier of:
    1. The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a different will; or
    2. The date of entry of a final order granting any petition of the sort described in paragraph (1) of this subsection that remains in continuing force and effect.
  3. The offering of a will for probate following the entry of an order of the sort described in paragraph (2) of subsection (b) of this Code section shall constitute a claim against a decedent's estate that arose before the death of the decedent for purposes of Code Section 9-3-36.

(Code 1981, §53-5-3, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 8; Ga. L. 2008, p. 715, § 9/SB 508; Ga. L. 2020, p. 377, § 1-18/HB 865.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), "or" was added at the end; and, in paragraph (2), "or" was deleted preceding "An order".

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

COMMENT

This section provides that a will cannot be probated unless it is offered for probate within five years of the latest date on which a petition for some action on the testator's estate (appointment of a personal representative, petition for year's support or petition for an order that no administration is necessary) has been filed. Former Title 53 contained no time limit on offering wills for probate. See Code Secs. 53-5-50 et seq. regarding the setting aside of an order admitting a will to probate.


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