Can you contest a Will after it has been probated in the state of Georgia? Ideally, if you are a person with an interest in an estate and wish to contest the decedent’s Will, you would file your caveat before the Will is admitted to probate. However, in some cases, information leading to a Will contest is not discovered until after the Will has been probated or the interested party is not notified that the Will was admitted to probate.
While it is definitely easier to contest a Will before it is admitted to probate, in the state of Georgia, you may be able to file an objection post-probate.
Can You Contest a Will After Probate in Georgia?
Contesting a Will after probate in Georgia is difficult but far from impossible. A common reason for contesting a Will probate is the discovery of new information, for instance, if a previously unknown heir or later-executed Will is discovered.
The most common reason for contesting a Will after it has been probated is that the interested party did not receive notice of a probate in common form.
Notable Deadlines that Caveators Should Know
Deadlines for filing caveats, in Georgia, depend on the way a Will was filed through probate. If the executor needs to be able to gain control of an estate quickly in the case of an emergency and does not suspect there will be any objections, he may file for probate in common form.
Probate in common form does not require notice to any heirs, beneficiaries, or creditors of the estate. Because no notice is required, Georgia law gives interested parties four years from the date the Will is admitted to request that the Will be filed for probate in solemn form. Only a Will filed for probate in solemn form can be caveated. However, four years after a Will is admitted to probate in common form, probate becomes conclusive, meaning that the Will can no longer be caveated. Caveators have four years after the Will is probated in common form to seek solemn form probate and contest the Will (minors have four years after they reach the age of 18).
It is more common for an executor to file a Will for solemn form probate. This is because probate in solemn form means that a court has determined the Will to be valid, which gives far more protection from liability to the executor. As noted above, if a Will is first probated in common form, an interested party can request that the Will be probated in solemn form, at which point the Court will require the executor to seek solemn form probate.
A probate in solemn form requires that all heirs-at-law be notified and given a chance to object before probate is granted. Because all parties are notified, interested parties have thirty days after service before probate is made. (Prior to 2020, caveators had only ten days to file an objection to probate of a Will in solemn form.).
Despite the new expanded time for filing an objection to probate of a Will in solemn form, if you are considering contesting a Will in Georgia, it is still best to seek legal advice immediately. Although your emotions may be high after the death of a loved one, waiting to seek legal advice can negatively impact your chances of success on a Will caveat.
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