How Long Do You Have To Probate A Will In Georgia?

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How Long Do You Have To Probate A Will In Georgia - How Long To Settle An Estate - Georgia Probate Time Limit - How Long Does It Take To Probate A Will

You’re wondering how long do you have to probate a will in Georgia. 

This article is going to cover everything you need to know about:

  • the Georgia probate time limits
  • how long it takes to probate a will in Georgia
  • how long an estate can stay in probate
  • how long it takes to settle an estate
  • and how long the probate process can take
     

So, let’s dig in. 

When the courts appoint an administrator to an estate, they can choose anyone. This includes creditors or third-party companies. Meaning you and your family lose all control over the estate.

If you want to create a will for your estate or file a petition to become the administrator of an estate, fill out the form below for a free consultation. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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How Long Do You Have To Probate A Will In Georgia

You have 5 years to probate a will in Georgia. 

This is 5 years after you file for probate on an estate in Georgia

But you have to file for probate within 18 months of someone passing away. 

The Georgia probate laws state that you have to file for probate in a reasonable amount of time. 

A reasonable amount of time is a vague definition. 

But the longest we have had a client wait to open probate is 18 months. 

Related: Difference Between Executor and Trustee

Georgia Probate Time Limit

The Georgia probate time limit is 5 years. 

5 years after the date you opened probate, a will in Georgia expires. 

This means that you no longer have a valid will in Georgia

When your will expires, the courts will default to the intestacy laws in Georgia. 

This means the estate will not get split up per the will anymore. 

It will get split up per the intestacy laws. 

Related: What If The Executor Does Not Probate The Will

How Long Does It Take To Probate A Will

It takes an average of 9 months to probate a will. 

We have had wills take 6 months to probate. 

And we have had wills take 2 years to probate. 

How long does it take to probate a will depends on:

  • where the executor lives
  • how many beneficiaries there are
  • if the beneficiaries will contest the will
  • if the estate is taxable
  • how many debts there are
  • how complicated the assets are

These things affect how long do you have to probate a will in Georgia.

If there is going to be a lot of drama and complications, you need to probate the will sooner. 

Otherwise, the estate can get tied up in probate for years. 

Related: Power of Attorney Georgia

How Long Can An Estate Stay In Probate

An estate can stay in probate for 9-24 months. 

The probate process begins when the executor files the will for probate. 

They have to file the will at the probate court where the decedent lived. 

After this, the courts will collect the decedent’s property. 

Then, the estate will pay any debts, claims, or taxes that are outstanding. 

After this, any remaining property will be distributed to the appropriate heirs.

How long can an estate stay in probate depends on several factors, such as:

  • the size of the estate
  • the number of taxes and debts to pay
  • tax issues
  • the number of heirs
  • any contested issues of a will 

It will take up to 24 months to probate a will from the date of the decedent’s death.

However, in cases of contested issues or lawsuits, the process may take up to several years, or even decades.

Related: Executor vs Administrator

How To Protect Your Inheritance

We see people pass away without wills all the time.

Their inheritance gets split up by the government.

Their spouses don’t get what they deserve.

Their kids don’t get fair splits of the inheritance.

It’s usually a mess and never turns out how the family wants it to.

Fill out the form below if you don’t want the government to be in control of your inheritance.

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