QUESTION

how many years is a will good after a person is deseased? the estate has not been probated.

Asked on Aug 17th, 2015 on Wills and Probate - Georgia
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
There is not a set answer to this question. It depends on a number of factors. I have offered a Will for probate and administered an estate where the deceased passed away 9 years earlier and nothing had been done. However, if things have been done that having the Will admitted to probate would negatively affect, then there may be a problem if it's been too long, and too long can be less than 9 years. Please note, however: a little-known fact of Georgia law is that a person who has a deceased person's original Will in his possession is required by law to turn the original Will over to the appropriate probate court within a "reasonable" period after they learn of the person's death. They don't have to offer it for probate, but turning it over to the court helps ensure that someone else can offer it for probate, if needed. So if the original is still being held, someone should let the holding party know that this is actually a potential criminal offense, and have them turn the original Will over to the probate court. And, if there is a need for probate (which would require an actual consultation for an attorney to be able to tell), then the Will may still be probate-able.
Answered on Aug 17th, 2015 at 1:25 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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