Georgia Code
Article 1 - General Provisions
§ 53-5-3. Time Limitation

History. Code 1981, § 53-5-3 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 8; Ga. L. 2008, p. 715, § 9/SB 508; Ga. L. 2020, p. 377, § 1-18/HB 865.
The 2020 amendment, effective January 1, 2021, added subsection (a); redesignated and rewrote the previously existing provisions as subsection (b), which read: “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; or
“(2) 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.”; and added subsection (c).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), “or” was added at the end; and, in paragraph (2), “or” was deleted preceding “An order”.
Law reviews.
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

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