Ga. Code § 53-5-52

Current through 2023-2024 Legislative Session Chapter 709
Section 53-5-52 - Time limitation; filing of petition constitutes claim against estate
(a) A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before:
(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) The expiration of the time within which the newly propounded will must be offered for probate under Code Section 53-5-3.
(b) A petition based upon paragraph (3) of subsection (b) of Code Section 53-5-50 may be brought at any time.
(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.
(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.

OCGA § 53-5-52

Added by 2020 Ga. Laws 508,§ 1-28, eff. 1/1/2021.