Detailed Answer
Under Georgia law, a person with a legal interest in an estate—such as a personal representative, heir, or creditor—can obtain a court-ordered subpoena to gather estate records. Georgia follows the Civil Practice Act for subpoenas (O.C.G.A. § 9-11-45) and sets specific rules for probate proceedings (O.C.G.A. § 53-6-33).
- Confirm Standing. Verify you qualify as an interested party. Heirs, devisees, personal representatives, and creditors have standing to request probate records.
- Prepare the Subpoena Duces Tecum. Use the probate court’s standard form or the statewide civil subpoena form. Clearly describe the documents you need, such as bank statements, titles, or account ledgers.
- File Your Petition. File a written petition with the probate court clerk. Attach your draft subpoena and a certificate of service. Pay the applicable fee—usually $5–$15.
- Obtain Court Signature. The judge or clerk reviews your petition. If granted, the court issues the subpoena duces tecum under O.C.G.A. § 9-11-45.
- Serve the Subpoena. Serve the subpoena at least five business days before the production date. You may use the sheriff, marshal, or a private process server. Include a witness fee ($20) and mileage.
- Review and Collect Records. On the production date, attend the custody location. The custodian must produce the requested documents in their original form. You may inspect, copy, or photograph them.
- Address Non-Compliance. If the custodian objects or fails to appear, file a motion to compel under O.C.G.A. § 9-11-37. The court can order sanctions or compel compliance.
- Maintain Confidentiality. Some estate records contain sensitive information. If necessary, file a motion to seal or limit public access under O.C.G.A. § 53-1-10.
Helpful Hints
- Request only records relevant to the estate matter to avoid objections.
- Confirm service deadlines: Georgia requires at least five business days’ notice.
- Keep copies of all filed and served documents in a binder to track deadlines.
- Consult the probate court’s local rules for any county-specific requirements.
- If the custodian charges high copying fees, negotiate reduced rates or seek a court order limiting costs.
Disclaimer: This article provides general information about Georgia law. It does not constitute legal advice. For advice specific to your situation, contact a licensed attorney in Georgia.