Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies, locating any valid will or estate planning document is essential to ensure their final wishes are honored under Georgia law.
1. Review Personal Files and Safe-Deposit Boxes
Begin by searching the decedent’s home office, filing cabinets, home safe or safety deposit box. Look for folders labeled “Will,” “Estate,” “Trust,” or “Legal Documents.” If the decedent used a bank safe-deposit box, banks often require a court order or joint access. Speak with a probate attorney before attempting to open it.
2. Contact the Drafting Attorney or Financial Advisor
Many people authorize their attorney or financial advisor to hold the original will. Call any attorneys or advisors the decedent used. Request written confirmation on whether they hold an estate planning document.
3. Search County Superior Court Records
Georgia allows voluntary recording of wills and codicils in the Superior Court of the county where the decedent resided. Under O.C.G.A. § 15-9-61, the clerk maintains an index of recorded wills. To search:
- Visit the Superior Court Clerk’s office in the decedent’s last county of residence.
- Provide a certified death certificate and photo ID.
- Pay any required fees for record retrieval.
4. Verify Will Validity
If you locate a will, confirm it meets Georgia’s execution rules. A valid will generally must:
- Be in writing and signed by the testator (O.C.G.A. § 53-4-20).
- Bear two subscribing witnesses who witness the signature or acknowledgment (O.C.G.A. § 53-4-20).
- For holographic (handwritten) wills, meet the handwritten and signature requirements (O.C.G.A. § 53-4-21).
- Optional: Be self-proved to simplify probate (O.C.G.A. § 53-4-50).
5. What If No Will Is Found?
If a valid will remains undiscovered, Georgia’s intestacy statutes determine asset distribution. Close relatives—spouses, children, parents—receive shares per O.C.G.A. Title 53, Chapter 2. You may petition the Superior Court for Letters of Administration to appoint an estate administrator.
Helpful Hints
- Document every location you search to avoid duplication.
- Ask close family members about any spoken wishes or stored documents.
- Check safety deposit records even if you lack the key; a court order may grant access.
- Review emails or cloud storage for scanned estate documents.
- Work quickly: under O.C.G.A. § 53-4-41, wills must be probated within a reasonable time after death.