Time limitation

(a) As used in this Code section, the term ‘‘will’’ includes a codicil. (b) A will shall not be offered for probate following the expiration of five years from the earlier of: (1) 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 (2) 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. (c) 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. 461 53-5-3 WILLS, TRUSTS, AND ESTATES History. — 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; 53-5-4 ‘‘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).