(Effective January 1, 2021) Time Limitation; Filing of Petition Constitutes Claim Against Estate

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  6. (Effective January 1, 2021) Time Limitation; Filing of Petition Constitutes Claim Against Estate

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  1. A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before:
    1. The probate of the previously probated will becomes conclusive upon the petitioner under Code Section 53-5-19 or 53-5-20; and
    2. The expiration of the time within which the newly propounded will must be offered for probate under Code Section 53-5-3.
  2. A petition based upon paragraph (3) of subsection (b) of Code Section 53-5-50 may be brought at any time.
  3. In all other instances, a petition made pursuant to this article shall be brought within three years from entry of the order admitting a will to probate.
  4. The filing of a petition made pursuant to this article 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, §53-5-52, enacted by Ga. L. 2020, p. 377, § 1-28/HB 865.)


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