Time Limits for Objecting to a Will
According to David Horton, professor of law at the University of California, the number of probates in the United States that lead to will contests range from 0.4 percent to 3 percent. That may seem like a low number until you consider that millions of Wills are probated every year.
The time limitations for contesting a will vary from state. The deadline for an heir to object to a will depends on the deceased person’s state of residence at the time of their death.
How Much Time Do You Have to Contest a Will in Georgia?
As heir, you have the right to contest a Last Will and Testament in Georgia — as long as you have a valid basis for doing so. But you must file your objection with the court within the time permitted by law.
In Georgia, an heir may only have ten days to file an objection after being served with a petition to probate a will. For that reason, it is best to seek legal advice regarding the will as soon as possible.
Although you may be hesitant to seek legal advice soon after a loved one dies, doing so may be crucial to protecting your rights.
What Are Reasons to Contest a Will?
There are many reasons for contesting a will. For example, the testator may lack mental competence, or the will may not have been properly drafted or executed.
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?
A caveat is a written document stating one’s reasons for objecting to a Will.
The executor bears the initial burden of proving that a Will is valid.
Once the executor has met their initial burden, the burden shifts to the caveator (the person objecting to the will) to prove the basis for their objections.
Factors Affecting the Time for Objecting to a Will
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 rom the date the will is admitted to probate in common form to file an objection.
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 be notified and given a chance to object before probate is granted.
In Georgia, heirs have only ten days after receiving notice that the will has been filed for probate to file a caveat. With very limited exception, failure to timely file a caveat will result in loss of the right to object.
The attorneys at Gaslowitz Frankel have more than 30 years of experience in determining the best course of action for contesting wills.
Our attorneys are among the most well-respected and experienced fiduciary litigators in Georgia. If you are involved in a will dispute and need legal assistance, contact us today at 404.892.9797.
