Fayetteville, GA asked in Estate Planning and Probate for Georgia

Q: My father died in 2009 a Will suddenly filed in Georgia probat court Aug. 8 2022. We are not sure if the will is legal.

It there a statue of limitation of a will being filed in Georgia probate court.

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1 Lawyer Answer
Janelle Johnson
Janelle Johnson
  • Estate Planning Lawyer
  • Gaithersburg, MD
  • Licensed in Georgia

A: If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years to contest the will, except minor heirs who require proof in solemn form and interpose a caveat within 4 years after reaching the age of majority. If it's solemn form probate, meaning the heirs/interested persons were provided with notice, an heir/interested person only has 10 days to file an objection after being served with the petition to probate the will; however, if they were required to be served and weren't, then the 4 years applies as if under common form probate. It's best for you to seek legal advice regarding the will as soon as possible, as time is of the essence.

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