---
title: O.C.G.A. § 53-5-3. Time limitation.
collection: code
id: 53-5-3
cite_as: O.C.G.A. § 53-5-3 (2025)
canonical_url: https://georgiacommons.org/code/53-5-3
md_url: https://georgiacommons.org/code/53-5-3.md
text_url: https://georgiacommons.org/code/53-5-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=475
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / PROBATE / GENERAL PROVISIONS
---

# O.C.G.A. § 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.

## History

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; Ga. L. 2020, p. 377, § 1-18/HB 865.

The 2020 amendment, effective January 1, 2021, added subsection (a); redesignated and rewrote the previously existing provisions as subsection (b), which read: ‘‘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.’’; and added subsection (c).

## 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).