O.C.G.A. § 9-3-36 (2019)
Limitations on claims arising before decedent’s death
(a) In no event may claims against a decedent’s estate that arose before the death of the decedent be brought more than six years after the date of the decedent’s death.
(b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abrogation.
(c) Nothing in this Code section shall be construed as placing a limitation on the time for commencing a proceeding to enforce any mortgage, pledge, or other lien upon property owned by a decedent immediately prior to the decedent’s death.
History
Code 1981, § 9-3-36, enacted by Ga. L. 2020, p. 377, § 2-3/HB 865.
Effective date. This Code section became effective January 1, 2021.
Annotations
JUDICIAL DECISIONS Sexual abuse by priest. - In a case in which the plaintiff allegedly suffered childhood sexual abuse while serving as an altar boy, the trial court did not err in dismissing the plaintiff’s respondeat-superior claim because the suppression of information about whether the defendants knew the abusive priest was dangerous in the 1970s could not have hindered an attempt to hold the defendants vicariously liable for the priest’s conduct once the plaintiff reached the age of majority in the 1980s. Doe v. St. Joseph’s Catholic Church, 313 Ga. 558, 870 S.E.2d 365, 2022 Ga. LEXIS 59 (2022). In a sexual abuse by a priest case, the plaintiff’s negligent supervision, training, and retention, negligent failure to warn
and provide adequate security, breach of fiduciary duty, and fraudulent misrepresentation and concealment claims were improperly dismissed as the plaintiff adequately pled actual fraud for purposes of tolling as the plaintiff could possibly establish the existence of a confidential relationship between the plaintiff and the defendants, and that the defendants’ alleged fraudulent concealment about the abusive priest debarred or deterred the plaintiff from discovering the plaintiff’s causes of action; and the plaintiff could show that the plaintiff exercised reasonable diligence to discover the defendants’ fraud. Doe v. St. Joseph’s Catholic Church, 313 Ga. 558, 870 S.E.2d 365, 2022 Ga. LEXIS 59 (2022).
ARTICLE 3 LIMITATIONS ON RECOVERY FOR DEFICIENCIES CONNECTED WITH IMPROVEMENTS TO REALTY AND RESULTING INJURIES JUDICIAL DECISIONS Immunity of O.C.G.A. § 9-3-50 et seq., should not be extended to manufacturers. Northbrook Excess & Surplus
Ins. Co. v. J.G. Wilson Corp., 250 Ga. 691, 300 S.E.2d 507, 1983 Ga. LEXIS 605 (1983).