Detailed answer — how this works under Georgia law

Georgia law treats the original signed will as the preferred document for probate. If the original cannot be located or a person refuses to deliver it, you have several options. Below is a clear, step-by-step description of what to do and what a Georgia probate court will expect.

1) Confirm basic facts and gather evidence

• Obtain a certified copy of the death certificate.
• Collect any copy of the will you have (digital copy, photocopy, email, or a draft). Note where and when the will was last seen and who had access.
• Identify and collect contact information for witnesses to the will’s signing (attorney who prepared it, witnesses named on the will, notary) and anyone who told you about the will.
• Document your attempts to obtain the original — dates, times, and method (calls, texts, letters). Keep copies of any written demands.

2) Send a written demand before going to court

Send a written demand (certified mail with return receipt) to the person withholding the original asking for immediate delivery of the will to the probate court or to you. This creates evidence you tried to resolve the issue without litigation and can help if the court later considers contempt or sanctions.

3) File in probate court — two primary approaches

In Georgia, you typically file a Petition for Probate in the probate court of the county where the deceased lived. If the original will is being withheld, you can:

1. Petition to have the will admitted and request a subpoena or order to produce the original. If someone has the original, the court can order them to produce it. If they refuse, the court may hold them in contempt for failing to comply with a valid court order.
2. Petition to admit a lost or destroyed will. If the original cannot be produced because it is lost or destroyed (or being willfully withheld), you can ask the court to admit a copy if you prove by clear and convincing evidence the will’s contents and that it was properly executed. You will need witness testimony or other strong evidence showing the original existed, the testator’s intent, and the signatures were genuine.

4) Evidence the court will want

• Copies of the will and any drafts.
• Testimony from the attesting witnesses or the lawyer who prepared the will about its execution.
• Proof that the original is missing, including any admission by the person withholding it (emails, texts), or proof of loss/destruction.
• Proof of the testator’s identity and death (driver’s license, death certificate).

5) Possible court orders and remedies

• Subpoena duces tecum to force production of the original document or copies from third parties.
• Order compelling production of the will; failure to obey can lead to contempt proceedings and sanctions.
• Admittance of a copy as a lost will if the court finds sufficient proof. Georgia probate judges have authority to admit a copy when the original cannot be produced and the proponent proves its contents and due execution.
• If no will can be admitted, the estate may proceed under intestacy rules (the court will appoint an administrator). You can still present evidence of a missing will as part of the probate record.

6) Timing and urgency

File promptly. Delays can complicate witness memories and reduce the weight of your evidence. If someone is destroying or concealing estate property, you can ask the court for emergency relief.

7) Local rules and clerk assistance

Probate procedure varies by county in Georgia. Contact the probate clerk in the county where your father lived to learn filing requirements, forms, and fees. The Georgia Courts site explains probate court functions: georgiacourts.gov/probate. For statutory reference, see O.C.G.A. Title 53 (Wills, Estates, and Fiduciary Relations) on the Georgia General Assembly site: legis.ga.gov (search Title 53).

8) When to hire an attorney

Consider hiring a probate attorney if:

• The original is being intentionally withheld or destroyed.
• Key witnesses are unavailable and you need to build a lost-will case.
• There is disagreement among heirs that could lead to litigation.
• You need to file emergency motions (to preserve estate assets or compel production).

9) If the holder claims ownership or a different legal right

If the step-sister claims the original document belongs to her or she has a lawful right to keep it, the probate court will decide whether the document should be produced and whether it is a valid will. A contested hearing may be necessary.

10) Practical example (hypothetical)

Suppose your father died in Fulton County. You have a photocopy of his will but your step-sister says she has the original and refuses to hand it over. You should:

1. Send a certified demand asking for production of the original to the probate court or to you.
2. If she refuses, file a Petition for Probate in Fulton County probate court attaching the copy and asking the court to order production.
3. Ask the court to issue a subpoena for the original. If she still refuses, move for contempt or ask the court to admit the copy as a lost will using witness testimony from the will’s attesting witnesses.

The judge will weigh the evidence and either order production, admit the copy if proof is strong, or, if neither is possible, proceed under intestacy rules.

Key Georgia legal references

Georgia probate matters are governed by O.C.G.A. Title 53 (Wills, Estates, and Fiduciary Relations). For general probate court procedures and contact information, see the Georgia Courts probate page: https://georgiacourts.gov/probate/. For statutory text and to search specific code sections, use the Georgia General Assembly website: https://www.legis.ga.gov/ (search “Title 53” or “probate”).

Helpful Hints

• Act quickly. Keep records of every contact and attempt to retrieve the original—courts value documented efforts to resolve disputes outside court.
• Get certified copies of the death certificate early; probate clerks require it for filings.
• If you have a copy of the will, make multiple certified copies and bring them to court to support a lost-will petition.
• Contact the attorney who drafted the will. Their file may contain the original or provide testimony about proper execution.
• Use certified mail for formal demands. Proof of delivery helps if the dispute goes to court.
• Talk to the probate clerk in the county where the decedent resided to learn local filing steps and forms.
• Consider a limited-scope consultation with a probate attorney to learn your chances of success before filing formal motions.