In Georgia, laws dictate who has the ability to challenge a will. Many estates go through the probate process without a will challenge. But this is not always possible. Sometimes, a person has legitimate reasons to challenge the will in question.
Today we will look at some of the laws related to will challenges in Georgia. Who can challenge a will? What process do they need to go through to do it? We will answer these questions and more.
Filing a caveat
When you challenge the validity of the will, this is a caveat. A successful caveat ensures that the law renders the current will invalid. They may turn to a previous version of the will instead. If one does not exist, state inheritance law steps in.
Who has the right to file?
Only certain people have the right to file a caveat. In Georgia, any interested party has the ability to do this. An interested party is someone who stands to gain or lose something based on the validity of the will. Most often, the people claiming rights as an interested party are family members. In rarer cases, friends may claim rights as well. And in some circumstances, even creditors have the ability to file a caveat.
You have a short window to file your caveat. In general, you must act within 13 days of the petition to probate. Are you interested in probate and estate litigation? Do you want to learn more about how will contests work in Georgia? You can visit our linked webpage here, if so. Read more about who has the ability to challenge wills and the process that goes behind this action.