Legal Question in Wills and Trusts in Georgia

What is the statue of limitations for suing someone over a Will or Estate Issues?


Asked on 5/30/12, 7:37 am

2 Answers from Attorneys

Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

The statute of limitations is you hiring a lawyer.

If you want to do it yourself then you've already lost and the SOL won't even matter.

Good luck!

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Answered on 5/30/12, 8:04 am

You ask a very complicated question as I don't what kind of action you really mean. There are different statutes of limitations for different things. What are you suing for? Personal representatives can sue on behalf of the decedent's estate and can be sued. If you are talking about a will caveat, it depends on if the will was probated (if it was probated in Georgia) in common form or solemn form and it depends on if you had notice. If you had notice and failed to file a caveat by the time specified, you are probably out of luck. Try re-posting your question with more relevant facts (like who died, when, whether they had a will, if the will was probated and if so, in common or solenb form, who you are suing and why). Or you can try going to a probate attorney in the county/state where the decdent lived at the time of his/her death. Take a copy of the will and any other relevant documents from the estate file.

If you are talking about some other action, here's a few statutes:

53-5-3. Time limitation

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.

9-3-27. Actions against fiduciaries

All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues.

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Answered on 5/30/12, 9:54 pm

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