The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against his estate in calculating any limitation applicable to the bringing of an action, provided that such time shall not exceed five years. At the expiration of the five years the limitation shall commence, even if the cause of action accrued after the person’s death.
History. Ga. L. 1855-56, p. 235, §§ 21, 40; Code 1863, § 2869; Code 1868, § 2877; Code 1873, § 2928; Code 1882, § 2928; Civil Code 1895, § 3781; Civil Code 1910, § 4376; Code 1933, § 3-803.
Structure Georgia Code
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-90. Individuals Under Disability or Imprisoned When Cause of Action Accrues
§ 9-3-91. Disabilities Suffered After Accrual of Cause
§ 9-3-92. Five-Year Tolling for Unrepresented Estate — in Favor of Estate
§ 9-3-93. Five-Year Tolling for Unrepresented Estate — in Favor of Creditors
§ 9-3-94. Removal of Defendant From State
§ 9-3-95. Disability of One or More With Joint Right of Action; Effect of Severability
§ 9-3-96. Tolling of Limitations for Fraud of Defendant
§ 9-3-97. Limitations Extended for Counterclaims and Cross-Claims
§ 9-3-97.1. Tolling of Limitations for Medical Malpractice
§ 9-3-98. Applicability of Article
§ 9-3-99. Tolling of Limitations for Tort Actions While Criminal Prosecution Is Pending