Legal Question in Wills and Trusts in Georgia

is there a time limit that an heir has to collect inheritance funds from a will in Georgia?

Note: all obligations & legalities have been met. Will executed etc....


Asked on 5/19/15, 4:39 am

1 Answer from Attorneys

This tells me nothing. A will can be executed and means nothing if the person who made the will is still alive. Wills only become operative at death. The personal representative named in the will then has to submit the will for probate. Once this is done, the personal representative must figure out what the deceased owned and owed, pay any just debts/claims against the estate and get approval/confirmation by the court of any final accounting before distribution can be made.

On average, it takes 1-2 years for an estate to be administered but this of course depends on the size and complexity of the estate. Which you do not divulge other than to say all obligations have been met. If that truly is the case and the estate has been administered, in that case, I would ask if the personal representative has filed the final accounting and sought confirmation from the court/clerk? Distribution can occur as soon as the final account is confirmed. Takes a few weeks after that.

If you do not know what has or has not been done, then I suggest that you contact the county probate court where the estate is pending. Review the estate file to see what has been done. If a final accounting has been filed, it will be in there, as will a copy of the will. Depending on what you learn, it might be a good idea for you to at least consult with your own probate attorney who practices in the county where the estate is pending. The attorney can review the estate file and if need be write a letter to the estate attorney or personal representative to ascertain when it is anticipated that the estate will be closed and distribution will be made. If nothing has been done, the personal representative can be removed too.

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Answered on 5/21/15, 3:19 am


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