Legal Question in Wills and Trusts in Georgia

It depends on whether the will was probated in solemn form or common form (assuming the will was probated in Georgia). If in solemn form, the heirs get notice and have a duty to come forward or else they are barred and the time period is short. If the will is in common form, then it becomes conclusive after 4 years against the heirs/beneficiaries or other parties in interest.

If the will is being probated in another state, then see a probate lawyer in that state. Some states may have longer or shorter periods.

� 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.

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

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.