Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in
1. Initial Investigation
Before invoking court power, exhaust all informal methods:
- Review the decedent’s personal files, email accounts, and home safe.
- Contact family members, financial advisors, and accountants.
- Search mail, electronic records, and prior tax returns for institution names.
2. Petition the Probate Court for Document Production
If an institution refuses to release account statements, deeds, wills, or insurance policies, file a petition in the superior court sitting as probate court. Under O.C.G.A. § 53-12-285, the court may:
- Order the custodian to appear before the court.
- Compel production of books, records, or documents.
- Administer oaths and examine officers of the institution.
3. Subpoena Duces Tecum
Under Georgia’s civil procedure rules, you can serve a subpoena duces tecum to third parties holding relevant documents. The subpoena must specify the exact records needed. If the subpoena is ignored, move to compel compliance and seek sanctions under O.C.G.A. § 9-11-37.
4. Court-Ordered Access to Safe Deposit Boxes
Safe deposit boxes can hide critical estate documents. Under O.C.G.A. § 53-12-85, the probate court may appoint a commissioner, who—together with the personal representative—can open a safe deposit box in the presence of the institution’s representative. All items are inventoried and returned to the court.
5. Contempt and Sanctions
If an institution defies a valid court order, you can move the court to hold it in contempt. The court may impose fines or authorize the sheriff to seize documents. Persistent non-compliance can result in attorney’s fees and penalties under O.C.G.A. § 15-1-4.
6. Alternative Remedies
If probate remedies fail, consider these civil actions:
- Conversion Claim: Sue the institution for wrongful possession of estate property.
- Injunction: Seek a temporary restraining order to prevent document destruction.
- Declaratory Judgment: Ask the court to declare your right to the documents.
Helpful Hints
- Compile a list of all known financial institutions, insurers, and advisors.
- Keep detailed records of all communications and requests.
- Include specific account numbers and date ranges in subpoenas.
- File petitions in the county where the estate is being probated.
- Retain a copy of each court order served on institutions.
- Consult probate court clerks for local procedural forms and fees.
- Stay proactive: follow up promptly on court dates and deadlines.