Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome,
what state was the deceased in?
Who survived him/her..spouse........children?
What assets? any joint? insurace beneficiaries? Other assets in deceased's name only?
I need the state of the deceased.
I have reviewed the GA statutes and found no time limit but I would rather have another expert intimately familiar with this issue. I am opting out of the question and another expert will attempt to give you a more definitive answer.
So you want to know if there is a Georgia statute requiring that a probate petition be filed within a certain time after the decedent's death?
Or are you asking if there is a statute which prohibits the filing of such a petition after a certain period of time?
Or are you seeking to know something else?
I have reviewed Title 53 of the Georgia Code (Wlls, Trusts and Administration of Estates), and find no such limitation.
This, however, constitutes a limitation of 5 years on seeking to probate a will after a personal representative has been appointed:
"§ 53-5-3. (Revised Probate Code of 1998) Time limitation 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; (2) An order granting year's support from the decedent's estate; or (3) 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."
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