Legal Question in Wills and Trusts in Georgia

Regarding Georgia law: my father passed away over five years ago and my mother passed away March 1st this year. Neither will was probated. Is their a statute of limitations on my fathers will being probated?


Asked on 4/29/14, 6:15 am

1 Answer from Attorneys

Some states have time limits for probating an estate. There does not seem to be any time limits in Georgia. However, due to the lapse of time, is there anything to be probated for your father? What assets did he own and how were they titled? For example, if he owned jointly held real property with your mother, a joint bank account with her and a car and a small life insurance policy making her the beneficiary, there is no point in probating an estate for your father now as there is nothing to probate and most debts, if any existed, may even be time barred or will soon be time-barred.

Your mother is a different issue since she died. You do not indicate what she owned or how it was titled but for assets that were solely in her name you will need to probate an estate to transfer title. And she also may have debts.

I suggest that you make a list of assets and debts that your father owned at the time of his death and find out how it was titled. Do the same for your mother. I would at least consult with a probate attorney who practices in the county/state where your mother lived at the time of her death and see about probating an estate for your mother for sure. While discussing your mother's estate you can see if there needs to be a probate for your father's estate.

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Answered on 4/29/14, 9:15 pm


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