2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-92. Five-Year Tolling for Unrepresented Estate - in Favor of Estate

Universal Citation: GA Code § 9-3-92 (2021)

The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against his estate in calculating any limitation applicable to the bringing of an action, provided that such time shall not exceed five years. At the expiration of the five years the limitation shall commence, even if the cause of action accrued after the person's death.

(Ga. L. 1855-56, p. 235, §§ 21, 40; Code 1863, § 2869; Code 1868, § 2877; Code 1873, § 2928; Code 1882, § 2928; Civil Code 1895, § 3781; Civil Code 1910, § 4376; Code 1933, § 3-803.)


Am. Jur. 2d.

- 51 Am. Jur. 2d, Limitation of Actions, § 241, 242.


- Statutes of limitations or laches as bar to suit by heirs or next of kin to set aside conveyance or transfer by ancestor, 2 A.L.R. 447.

Suspension of contestable period of incontestable clause of life insurance policy pending appointment of personal representative of insured or of beneficiary, 157 A.L.R. 1204.

Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.

Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.

Tolling or interruption of running of statute of limitations pending appointment of executor or administrator for tort-feasor in personal injury or death action, 47 A.L.R.3d 179.

Claims for expenses of last sickness or for funeral expenses as within contemplation of statute requiring presentation of claims against decedent's estate, or limiting time for bringing action thereon, 17 A.L.R.4th 530.

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