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2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 5 - Probate
Article 1 - General Provisions
§ 53-5-3. Time Limitation

Universal Citation: GA Code § 53-5-3 (2022)
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  1. As used in this Code section, the term “will” includes a codicil.
  2. 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.
  3. 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.

History. Code 1981, § 53-5-3 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 8; Ga. L. 2008, p. 715, § 9/SB 508; Ga. L. 2020, p. 377, § 1-18/HB 865.

The 2020 amendment, effective January 1, 2021, added subsection (a); redesignated and rewrote the previously existing provisions as subsection (b), which read: “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; or

“(2) 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.”; and added subsection (c).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), “or” was added at the end; and, in paragraph (2), “or” was deleted preceding “An order”.

Law reviews.

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

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