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

(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 .

Legislative History

Added by 2020 Ga. Laws 508,§ 1-28, eff. 1/1/2021.