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Marcus Parker
Marcus Parker, Attorney
Category: Estate Law
Satisfied Customers: 460
Experience:  Experienced in wills, estates, and trusts
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What are the statute of limitations of probate of ...

Customer Question

What are the statute of limitations of probate of estates for surviving spouses where there is no will, such as bank accounts, property, and insurance policies.
Submitted: 6 years ago.
Category: Estate Law
Expert:  rvlaw replied 6 years ago.

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?

rich

Customer: replied 6 years ago.
Reply to rvlaw's Post: Spouse, and two grown children, not actually sure of the assets, but probably minimal, insurance, bank account, automobile etc. Nothing joint to my knowledge.
Expert:  rvlaw replied 6 years ago.

I need the state of the deceased.

rich

Customer: replied 6 years ago.
Georgia, specifically Columbus, GA, also curious about any retirement benefits distribution?
Expert:  rvlaw replied 6 years ago.

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.

Rich

Customer: replied 6 years ago.
Relist: I still need help.
RLAW opted out, and advised me to seek another expert opinion.
Customer: replied 6 years ago.
Relist: I prefer a second opinion.
Original expert opted out
Expert:  Marcus Parker replied 6 years ago.

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?

Customer: replied 6 years ago.
I'm seeking the answers to your first two responses.
Expert:  Marcus Parker replied 6 years ago.

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."

Marcus Parker, Attorney
Category: Estate Law
Satisfied Customers: 460
Experience: Experienced in wills, estates, and trusts
Marcus Parker and 3 other Estate Law Specialists are ready to help you

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