O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-5-52 (2019)

Time limitation; filing of petition constitutes claim against estate

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) A petition based upon paragraph (3) of subsection (b) of Code Section 53-5-50 may be brought at any time.

(c) 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.

(d) 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.

History

Code 1981, § 53-5-52, enacted by Ga. L. 2020, p. 377, § 1-28/HB 865.

Effective date. - This Code section became effective January 1, 2021.