Are you considering contesting a loved one’s will? The time limitations for doing so vary from state to state.
Here’s what you need to know about contesting a will in Georgia.
What Is The Statute of Limitations for Contesting a Will in Georgia?
In Georgia, as long as an heir has a “valid basis” to contest a Last Will and Testament, they have the right to do so. However, there are time constraints set in place depending on why and how the heirs are contesting.
What Are Reasons to Contest a Will?
While there are many reasons for contesting a will, some of the most common reasons include:
- The testator may have lacked mental competence at the time the will was created
- The will was not properly executed
- There is suspicion of foul play or manipulation from a beneficiary during the creation of the will.
Consulting an experienced fiduciary litigator is the best way to determine whether you have a valid reason for objecting to probate of a will.
What Is a Caveat?
When an heir files a petition to probate a will, they are asking the probate court to confirm that the will presented to the court is valid and to appoint a personal representative for the estate.
In Georgia, a caveat to a will begins a lawsuit that delays the opening the estate. Courts in larger counties allow the caveators (the objecting persons) six months to collect evidence to support their belief that the will is not valid. This period is known as the “discovery period.” After discovery ends, the probate court can schedule a hearing at which the caveators present evidence supporting their challenge of the will. If the Caveators are successful, the will is not probated. At that point, interested parties can either offer another will for probate or seek to probate the estate as intestate (without a will).
What Is The Deadline For Filing A Caveat?
In Georgia, an executor can probate a will in solemn form or common form. The manner of probate selected by the executor determines the deadline for filing a caveat.
Common Form Probate
Probate in common form does not require notice to any heir, beneficiary, or creditor of the estate. Because no notice is required, Georgia law gives interested parties four years from the date the will is admitted to file a caveat. Georgia requires the executor to probate the will in solemn form so that they may file a caveat.
Exception: A person who is a minor at the time the will is probated has four years after they reach age 18 to object.
Solemn Form Probate
Probate in solemn form provides more protection for an executor than common form probate. Solemn form probate also requires that all heirs-at-law be notified and given a chance to object before probate is granted.
However, in Georgia, these heirs only have thirty days after being served with notice that the will has been filed for probate to file a caveat. With very limited exceptions, failure to file a caveat within these 30 days will result in loss of the right to object.
For this reason, if you are considering contesting a will in Georgia, it is best to seek legal advice immediately. Even though emotions are high after losing your loved one, hesitating to seek legal advice can hurt your ability to contest the will.
The attorneys at Gaslowitz Frankel have more than 30 years of experience in determining the best course of action for contesting wills in Georgia.
If you are involved in a will dispute and need legal assistance, contact our firm today for a free consultation.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes representing individuals, executors, trustees, investors, shareholders, and corporate fiduciaries in complex fiduciary disputes involving wills, estates, trusts, guardianships, and businesses.
