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Must I have the original of the will to settle the estate in Georgia?

Must I have the original of the will to settle the estate in Georgia?

Full question:

Must I have the original of the will to settle the estate in Georgia?

Category: Wills and Estates
Subcategory: Finding a Will
Date: 04/07/2025
State: Georgia

Answer:

No and Yes. It depends on the facts of each case. A Petition to Probate Copy of Will can be filed and then you must provide that the copy is a copy of the true last will.

The Supreme Court of Georgia has stated:

Under Georgia law, if the original of a will cannot be found for probate, there is a presumption that the testator intended to revoke the will. But this presumption can be overcome if a copy is established by a preponderance of the evidence to be a true copy of the original and if it is established by a preponderance of the evidence that the testator did not intend to revoke the will.

See also the contents of this case. http://caselaw.findlaw.com/ga-supreme-court/1561376.html

Needless to say, you should consult a local attorney to get this done.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I settle an estate in Georgia?

To settle an estate in Georgia, you typically start by filing a petition for probate in the probate court of the county where the deceased lived. You will need to provide the original will, if available, or a copy if the original is lost. After the court approves the will, you will be appointed as the executor or administrator. Your responsibilities include gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries according to the will or state law if there is no will.

What is required to close an estate in Georgia?

To close an estate in Georgia, the executor must complete several steps. This includes paying all debts and taxes, filing final tax returns, and distributing assets to beneficiaries. Once these tasks are completed, the executor must file a final accounting with the probate court and request to be discharged from their duties. If everything is in order, the court will approve the closure of the estate.

What are the five requirements for a valid will in Georgia?

In Georgia, a valid will must meet five requirements: 1) The testator must be at least 14 years old; 2) The will must be in writing; 3) It must be signed by the testator or by someone else in their presence and at their direction; 4) It must be witnessed by at least two individuals who are present at the same time; and 5) The witnesses must sign the will in the presence of the testator. These requirements ensure the will reflects the true intentions of the testator.

How long does it take to settle an estate in Georgia?

The time it takes to settle an estate in Georgia can vary widely based on several factors, including the complexity of the estate, whether there are disputes among beneficiaries, and the efficiency of the probate court. Generally, a straightforward estate can be settled in about six months to a year, while more complex estates may take several years. Executors should keep beneficiaries informed throughout the process to manage expectations.

Is a copy of a will valid in Georgia?

Yes, a copy of a will can be valid in Georgia if the original is lost. The executor can file a Petition to Probate a Copy of the Will, but they must prove that the copy is a true representation of the original. If the original will is missing, there is a presumption that the testator intended to revoke it, but this can be challenged with sufficient evidence.

Who should keep the original copy of a will?

The original copy of a will is typically kept by the testator, the executor, or an attorney. It is important for the original will to be stored in a safe place, such as a safe deposit box, and for the executor and beneficiaries to know its location. Keeping the original secure helps ensure that it can be located when it is time to settle the estate.