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2018 Georgia Code 53-5-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-5-3 Case Law from Google Scholar Amendments to OCGA 53-5-3

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 5. Probate, 53-5-1 through 53-5-71.

ARTICLE 1 GENERAL PROVISIONS

53-5-3. Time limitation.

A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:

  1. The appointment of a personal representative of the decedent's estate; or
  2. An order that no administration is necessary on the decedent's estate;

    provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002.

(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.)

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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