Is there a way to put the probate of an estate off for one year?
Full Question:
An order that can be requested to keep probate off for 1 year when spouse needs 1 yrs worth of support, to ward off creditors.
04/09/2007 |
Category: Wills and Es... ยป Probate |
State: Georgia |
#2809
Answer:
The following are GA statutes:
§ 53-5-3. (Revised Probate Code of 1998) 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;
(2) An order granting year's support from the decedent's estate; or
(3) 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.
§ 53-5-51. (Revised Probate Code of 1998) Contents of petition; service of notice; issuance of relief
(a) The petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which the action is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section 53-5-22. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary.
(b) The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service upon the beneficiaries.
(c) If there is no then acting personal representative, the petition shall be served upon the beneficiaries who are required to be served by Code Section 53-5-22 of the previously probated will, in the same manner as upon the heirs, unless all such parties assent to the petition.
(d) If the then acting personal representative acknowledges service of the petition and assents to the relief in the acknowledgment of service, the relief upon the petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of the petition and assent in their acknowledgments, the relief may issue without delay.