Current through 2023-2024 Legislative Session Chapter 709
Section 53-5-3 - Time limitation(a) As used in this Code section, the term "will" includes a codicil.(b) 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.(c) 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.Amended by 2020 Ga. Laws 508,§ 1-18, eff. 1/1/2021.Amended by 2008 Ga. Laws 685,§ 9, eff. 7/1/2008.