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How long do I have to contest a will in the state of Georgia?

How long do I have to contest a will in the state of Georgia?

Full question:

How long do I have to contest a will in the state of Georgia?

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: Florida

Answer:

To contest the probate of a Will, a caveat is filed with the Probate Court. If the probate is in common form the period of time to file a caveat is 4 years from the time of probate, unless the heirs are minors in which case the time is 4 years after they reach majority.

To explain further, a Probate of a Will in common form can be done on evidence from one witness and notice to no one is required. If a Will is probated in solemn form all parties are notified and there would be no caveat after the probate in solemn is complete.

A caveat or contest thus can be filed before probate or before a pobate in solemn is final. But if the probate was in common form, the 4 year rule applies.

Georgia code 53-5-19 provides that Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What makes a will invalid in GA?

A will can be deemed invalid in Georgia for several reasons. Common reasons include lack of proper execution, such as not being signed by the testator or not having the required number of witnesses. Additionally, if the testator was not of sound mind or was under undue influence when creating the will, it may be challenged. Furthermore, if the will is a product of fraud or if it revokes or contradicts a previously valid will, it may also be considered invalid. It's important to consult legal counsel for specific cases.

Is there a time limit to probate a will in Georgia?

In Georgia, there is no strict time limit to file a petition for probate of a will. However, it is generally advisable to file as soon as possible, ideally within a few months after the testator's death. Delaying the probate process can complicate estate administration and may lead to disputes among heirs. If a will is not probated within a reasonable time, heirs may face challenges in asserting their rights to the estate. Consulting an attorney can provide guidance on the best timing.

In what three ways can a will be revoked?

In Georgia, a will can be revoked in three primary ways: 1) By a subsequent will that explicitly revokes the previous one, 2) By physically destroying the will with the intent to revoke it, such as tearing or burning it, or 3) By a written declaration, signed by the testator, stating the intent to revoke the will. Each method must clearly demonstrate the testator's intent to revoke the previous will to be effective.

What voids a will in Georgia?

A will may be voided in Georgia for several reasons. If the testator lacked the mental capacity to understand the nature of making a will, it can be challenged. Additionally, if the will was procured through fraud or undue influence, it may be declared void. A will that does not meet Georgia's legal requirements for execution, such as lacking the necessary witnesses, is also void. Legal advice is recommended for specific situations.