Georgia § 53-5-3 - Time limitation.
Full text of Georgia Official Code of Georgia Annotated § 53-5-3 — Time limitation., with citation guidance and answers to common questions.
§ 53-5-3. Time limitation.
As used in this Code section, the term "will" includes a codicil. A will shall not be offered for probate following the expiration of five years from the earlier of: The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a different will; or The date of entry of a final order granting any petition of the sort described in paragraph (1) of this subsection that remains in continuing force and effect. The offering of a will for probate following the entry of an order of the sort described in paragraph (2) of subsection (b) of this Code section 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 . (Code 1981, § 53-5-3 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 8; Ga. L. 2008, p. 715, § 9/SB 508; Ga. L. 2020, p. 377, § 1-18/HB 865.) The 2020 amendment, effective January 1, 2021, added subsection (a); redesignated and rewrote the previously existing provisions as subsection (b), which read: "A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: "(1) The appointment of a personal representative of the decedent's estate; or "(2) An order that no administration is necessary on the decedent's estate; "provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002."; and added subsection (c). Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), "or" was added at the end; and, in paragraph (2), "or" was deleted preceding "An order". Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).
Frequently Asked Questions About Georgia § 53-5-3
What does Official Code of Georgia Annotated § 53-5-3 cover?
Section 53-5-3 ("Time limitation.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 53-5-3?
A common citation format is "Official Code of Georgia Annotated § 53-5-3" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 53-5-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.