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In Re: Estate of Loyd

The probate court did not err in dismissing the caveat to a will and codicil as untimely filed or in denying the caveator's motion to open default.

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In March 2012, Charles Bentley Childs, Sr., as executor, filed a petition to probate Virginia Childs Loyd’s last will and testament, as well as her codicil to the will. Loyd’s nephew, Jack Childs, filed an untimely caveat, objecting to the petition on the ground of undue influence. Charles moved to dismiss the untimely caveat, and Jack responded with a motion to open default pursuant to OCGA § 15-9-47 and 9-11-55 b. The trial court granted Charles’s motion to dismiss, and Jack appeals, contending that the trial court erred in dismissing his caveat as untimely, failing to grant him an extension to file a caveat and denying his motion to open default. For the reasons that follow, we affirm.

1. Before turning to the merits of Jack’s appeal, we must first examine this Court’s jurisdiction over this appeal.

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