August 27, 2014
Authored by: Luke Lantta
A recent case decided by the Georgia Court of Appeals serves as a reminder that probate court litigation often differs procedurally from other types of litigation. So, when faced with a will contest or other probate proceeding, it’s often best to consult with someone who specializes in that type of fiduciary litigation.
In In re: Estate of Loyd, one of the heirs of Virginia Childs Loyd, Jack, tried to object to a petition to probate the will on the grounds of undue influence. The trial court dismissed Jack’s caveat as untimely and the appellate court agreed.
After the petition to probate the will was filed, the probate court entered an order requiring certain of the heirs, including Jack, to file any objections to the petition within 13 days or within 10 days from the date of receipt