Georgia § 53-5-52 Time limitation; filing of petition constitutes claim against estate

Georgia Statutes

§ 53-5-52 — Time limitation; filing of petition constitutes claim against estate

Georgia § 53-5-52

Title53

This text of Georgia § 53-5-52 (Time limitation; filing of petition constitutes claim against estate) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 53-5-52 (2026).

Text

(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 p

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(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 .