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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 5. PROBATE · Article 6. JURISDICTION

53-5-52. Time limitation; filing of petition constitutes claim against estate.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before:#

    1. (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. (2)

      The expiration of the time within which the newly propounded will must be offered for probate under Code Section 53-5-3.#

  2. (b)

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

  3. (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.#

  4. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 532 to 533; merge action: annotated; file SHA-256 062775612dfc.