Legal Question in Wills and Trusts in Georgia

Re: Time limit to file a will with Probate Court

There is a code section that says one year. There's not a penalty for doing it later, but, just in case something arises later, it is usually wise to do it as soon as possible.

Re: Time limit to file a will with Probate Court

In my previous answer I neglected a code section that is relevant (and contains sanctions).

These code sections apply:

I had forgotten one sanction for failure to file - here are the statutes:

� 53-3-4. Time at which executor must offer will for probate and qualify

The executor shall offer the will for probate as soon as practicable after the death of the testator and shall qualify, unless restrained by the will, within 12 months after the will is admitted to record.

� 53-3-3. Filing of will with judge of probate court by custodian; sanctions for failure to comply

A person having possession of a will shall file the same with the judge of the probate court of the county having jurisdiction. On his failure to do so, the judge may attach the person withholding the will for contempt and may fine and imprison him until the will is delivered.