This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Georgia USLegal Pamphlet on Lost Wills
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Where can Lost Wills be Found? If a will has been lost, there may be several steps to take to track it down. The executor of the will or a family member should contact the person's lawyer regarding the whereabouts of the will. Other searches should include personal items, financial institution, and safe deposit box.
You can retrieve the will from public record by going in person to the probate court in question or if it is not possible to request for the document in person request the document via fax or mail. Secondly, you will be required to pay for a fee per printed page of the document.
If you don't know where they are located or how to get ahold of them, all you need to do is search the Georgia Bar Association's website. The other thing that you can do is to contact your local probate court and see if the will was filed with the court. If it was, the court may be able to provide you with a copy.
When the testator dies, the executor or executrix petitions the court for letters testamentary to prove (probate) the will. If the will is judged to be valid, it will be recorded in the will books of that court.
If a Will has been lost, there is a presumption it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to the probate registry for an Order allowing probate using a draft copy or reconstruction of the Will.
In the state of Georgia, wills are generally considered public records available for viewing once they are filed with the probate court after the testator has died. Property deeds, likewise, are public once they are recorded.
If a Will has been lost, there is a presumption it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to the probate registry for an Order allowing probate using a draft copy or reconstruction of the Will.
When the testator dies, the executor or executrix petitions the court for letters testamentary to prove (probate) the will. If the will is judged to be valid, it will be recorded in the will books of that court.
You can retrieve the will from public record by going in person to the probate court in question or if it is not possible to request for the document in person request the document via fax or mail. Secondly, you will be required to pay for a fee per printed page of the document.
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