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O.C.G.A. § 53-5-3

Time limitation

— Code 1981, § 53-5-3, enacted by Ga

Statutes dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1201.

(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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.