Disclaimer: This information is educational and does not constitute legal advice. Consult a Georgia attorney for guidance.

Detailed Answer

Finding a decades-old will can raise questions about its validity and how to move forward with probate in Georgia. Below is an overview of key steps and relevant Georgia statutes.

1. Authenticate the Will

Locate the original document. Georgia law requires the original will for probate. If lost or damaged, see step 4.
Compare signatures and handwriting with known samples of the testator.
Identify and interview witnesses who saw the signing. Witness testimony can prove due execution under O.C.G.A. § 53-3-31 (Justia).
Consider a handwriting expert if signatures are disputed.

2. File a Probate Petition

File a petition in the Superior Court of the county where the testator resided. Superior Courts handle will contests and probate in Georgia.
Attach the will and any affidavits. If the will was self-proved, attach the self-proof affidavit under O.C.G.A. § 53-3-33 (Justia).
Pay filing fees and propose a personal representative (executor).

3. Provide Notice and Attend Hearing

The court issues citations to heirs, devisees, and creditors. Heirs at law include spouses, children, and other relatives under O.C.G.A. § 53-2-1.
Attend the probate hearing. A judge reviews authenticity, proper execution, and any objections.
If no one contests within the statutory period, the court admits the will to probate and issues letters testamentary.

4. Address Lost or Damaged Wills

If the original will is lost or damaged after discovery, Georgia allows reconstruction or admission of copies upon clear and convincing proof. Under O.C.G.A. § 53-3-32 (Justia), you may:

Present testimony of two disinterested witnesses who recall the will’s contents.
Submit any drafts, photocopies, or digital images that accurately reflect the original.

5. Obtain Letters and Administer the Estate

Once admitted, the court issues letters testamentary to the executor.
The executor inventories assets, notifies creditors, pays debts, and distributes assets per the will.
File annual accountings and a final report when distribution completes.

Helpful Hints

Secure the original will to prevent tampering or loss.
Collect witness names and contact details early.
Keep detailed records of communications and filings.
Consider a forensic document examiner for disputed signatures.
File promptly—while Georgia law permits late probate, delays can complicate witness availability.
Review O.C.G.A. Title 53 for additional probate requirements.
Consult a licensed Georgia probate attorney for personalized guidance.