How long do I have to contest a will in the state of Georgia?
Full Question:
Answer:
To contest the probate of a Will, a caveat is filed with the Probate Court. If the probate is in common form the period of time to file a caveat is 4 years from the time of probate, unless the heirs are minors in which case the time is 4 years after they reach majority.
To explain further, a Probate of a Will in common form can be done on evidence from one witness and notice to no one is required. If a Will is probated in solemn form all parties are notified and there would be no caveat after the probate in solemn is complete.
A caveat or contest thus can be filed before probate or before a pobate in solemn is final. But if the probate was in common form, the 4 year rule applies.
Georgia code 53-5-19 provides that Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.
