Legal Question in Wills and Trusts in Georgia

Once the will has been probated in solemn form and letters testamentary issued, it is too late to contest the will.

That does not mean an heir named in the will cannot afterwards challenge HOW the executor handles probate. The time for that potentially is unlimited. The way to avoid those challenges is to use a lawyer, and, with various steps and documents, effectively create deadlines to object to things the executor does.

See the below statutes. Assuming that the beneficiaries or heirs were properly notified, probate in solemn form is conclusive, so that is why it is probably the better practice to do this in many cases. Otherwise, if probate is in common form, the heirs/beneficiaries have up to 4 years to file a caveat (longer for minors).

I don't know whether you are the beneficiary or the exsecutor. If you are the executor, my advice would be to get a lawyer for the estate now and do the probate in solemn form and make sure that all beneficiaries are properly notified including guardians for any minors so that once the probate in solemn form is done there can never be a question other than as to the actual administration of the estate.

If you are a beneficiary, then do not wait for years. If you have valid grounds for a will caveat, bring them forth NOW. In such case, you will need a probate lawyer for that as well.

� 53-5-19. When conclusive upon parties in interest

O.C.G.A. � 53-5-19

Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.

O.C.G.A. � 53-5-20

� 53-5-20. Conclusiveness

Probate in solemn form is conclusive upon all parties notified and upon all beneficiaries under the will who are represented by the executor. As to heirs not effectively notified, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form.