Detailed Answer
This guide explains how to locate, obtain, and file an original will or filed copy during probate administration in Georgia. It covers steps for personal representatives and interested parties to comply with state rules and deadlines.
1. Identify the Proper Probate Court
Probate proceedings in Georgia occur in the Superior Court of the county where the decedent resided at death. If you are acting as a personal representative (executor) or wish to probate the will, you must file in that court.
2. Locate the Original Will
- Search common storage locations: safe deposit boxes, home safes, attorney files, or with the decedent’s financial advisor.
- If the will was previously probated in Georgia, request a certified copy from the clerk of Superior Court. Under O.C.G.A. § 15-6-77, Superior Court records are open to the public once filed.
- If the original cannot be found, you may seek probate of a copy under O.C.G.A. § 53-2-12 (Copy of Will; Secondary Evidence).
3. Deliver the Original Will to the Clerk
Once you have the original will, you must promptly deliver it to the Clerk of Superior Court. Georgia law requires the personal representative to deposit the original will within 30 days of qualification:
“The personal representative shall deposit in the office of the clerk of the superior court of the county in which he is appointed the will, whether admitted to probate or not, within 30 days from the date of qualification.”
(O.C.G.A. § 53-4-40: Disposition of Will After Qualification).
4. File the Probate Petition
- Prepare and file a Petition for Probate of Will, naming the decedent, personal representative, heirs, and legatees.
- Attach the original will as an exhibit to the petition.
- Pay the required filing fee (varies by county).
- Provide notice to heirs and interested parties as required under O.C.G.A. § 53-5-20 (Probate of Wills).
5. Seek Admission of a Copy (If Original Is Lost)
If you cannot locate the original will, file a petition to admit a copy under O.C.G.A. § 53-2-12. You must present secondary evidence—such as draft copies or witness testimony—showing the contents and due execution of the lost original.
Key Deadlines and Tips
- Original must be filed within 30 days of qualification as personal representative (O.C.G.A. § 53-4-40).
- Petition for probate should be filed promptly after the death certificate is available.
- Failure to deposit the original will may lead to penalties or denial of probate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.