Legal Question in Wills and Trusts in Georgia

Is there a statue of limitations on filing in probate when someone dies without a will


Asked on 8/05/15, 9:32 am

1 Answer from Attorneys

There is a statute of limitations for just about everything. You are in Georgia but is the decedent's estate in Georgia? In Georgia, there is no specific time limit for probating an estate. Other states may have different rules though. At a certain point, there is no real purpose served by probating an estate. Is there real property and if so how is it titled? Probate may not be necessary.

There are good reasons for probating an estate, the primary one being to cut off the rights of creditors if they do not timely object or file a claim.

I suggest that you consult a probate attorney who practices in the county/state where the estate would be probated and bring any deeds or anything else (will) which may be helpful as well as a list of potential heirs/beneficiaries. Pay the attorney to review the documents and situation and see if an estate needs probated at this juncture.

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Answered on 8/05/15, 5:14 pm


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