Georgia: How to Verify That a Will Is the Original (Not a Copy)

Detailed Answer

This section explains, in plain language, how to tell whether a will you received is the original document and what to do under Georgia law if you cannot find the original.

What Georgia law requires for a valid will

Under Georgia law, a valid (attested) will is generally one that is signed by the person making the will (the testator) and witnessed by at least two witnesses who sign in the testator’s presence. Georgia law also allows a will to be “self-proved” if the testator and the witnesses sign an attached notarized affidavit at the time of execution. For more about Georgia rules on wills, see O.C.G.A. Title 53 (Wills) for statutory text and related provisions: https://law.justia.com/codes/georgia/.

Physical signs the document is likely an original

• Original ink signatures: the testator’s signature and the witnesses’ signatures appear in ink (often blue or black) rather than a photocopied gray image.
• Notarized self-proving affidavit: if present, you will see a notary stamp or seal and the notary’s signature and date on the same paper as the affidavit.
• Continuous paper and pagination: signatures and attestations typically appear on the original pages rather than a separate photocopied insert; witness signatures are usually on the original will pages.
• Physical characteristics: original paper may show indented pen strokes, embossing from a notary seal, staple marks, fold creases, or other physical evidence that the pages are the original paper, not a printout.

How to confirm authenticity in practice

1. Compare the signatures: if you can, compare the signature on the will to other known original signatures of the decedent (checks, prior documents). If you don’t have other originals, a lawyer or document examiner can help.
2. Examine the witnesses’ signatures: find the two attesting witnesses listed on the will. Under Georgia practice, their testimony can establish the will’s validity if the document is contested or if a copy is offered.
3. Look for a self-proving affidavit: a notarized affidavit signed by the testator and witnesses (commonly attached to the will) means the will is “self-proved.” A self-proved will can usually be admitted to probate without calling the witnesses to testify in court.
4. Take the document to the local probate court: if you are ready to start probate, present the document to the probate court in the county where the decedent lived. The court clerk or judge will advise whether the court needs to see an original or will accept other evidence. For information about probate court procedures in Georgia, see the Georgia Courts website: https://www.georgiacourts.gov.
5. If a party disputes originality, consider a forensic document examiner: when authenticity is contested, courts sometimes rely on handwriting experts or forensic analysis to determine whether a signature is genuine or whether a document is a photocopy.

If you only have a copy or the original is missing

Not finding an original does not automatically end the matter. Georgia courts can consider secondary evidence, but the burden and the type of proof required depend on the situation. Common steps when the original cannot be located:

• Search thoroughly: look for the decedent’s lawyer, safe-deposit boxes, home files, bank safe, or personal papers where an original might be stored. Attorneys often keep original wills or a copy with notes on the original’s location.
• Ask witnesses to provide sworn statements: the attesting witnesses (or their affidavits) can explain whether they saw the testator sign the original will.
• File a petition with the probate court: explain that the original is missing and offer the copy and any supporting evidence. The court will decide (after notice to interested parties) whether to admit the copy into probate based on the evidence presented.
• Consider chain-of-custody evidence: explain how the copy was created and show why the original cannot be produced (lost, destroyed, misplaced). Clear, credible facts help the court weigh the copy’s trustworthiness.

When to get help

If anyone contests the will’s authenticity, if you cannot find the witnesses, or if you suspect fraud, get an attorney. Probate courts can admit copies in some cases, but contested proceedings often require experienced legal representation, witness depositions, forensic review, and formal hearings.

Helpful Hints

• Don’t destroy the document. Keep the will in a safe place and do not alter it.
• Photograph the front and back of each page (a clear color photograph) to preserve current condition, then take the original to court or to a lawyer.
• If you see a notary stamp and an attached affidavit, keep that information ready — a self-proved will greatly simplifies admission to probate.
• Locate the attesting witnesses early. Their testimony is often decisive.
• Ask the decedent’s attorney (if known) whether they hold the original. Many lawyers keep wills in client files or with a safe-deposit box record.
• If you cannot find the original, be prepared to explain where you found the copy and who had access to the decedent’s papers.
• Consider a forensic document examiner only if the case becomes contested — experts cost money and are usually used when authenticity could determine large estate outcomes.
• Present any will promptly to the probate court in the county where the decedent lived to determine next steps and deadlines for probate filing.

Resources: Georgia statutory provisions on wills appear in O.C.G.A. Title 53 (Wills). See general statutory text at: https://law.justia.com/codes/georgia/. For local probate procedures and court contact information, visit: https://www.georgiacourts.gov.

Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Georgia attorney or the probate court in the county where the deceased lived.