Short answer
If your parents are alive, you generally cannot force a sibling to give you their copy of an estate plan; your parents control who sees their documents. If a parent has died, a will must be filed with the probate court to begin the estate process, and interested persons typically can obtain copies from the probate court records once filed. For trusts, a trustee has fiduciary duties and must provide required information to beneficiaries; if a trustee (including a sibling) refuses, a Georgia beneficiary can ask a court to compel disclosure or accounting.
Detailed answer — how Georgia law applies and practical steps
1) Which rules apply depends on whether your parents are alive or deceased
If your parents are alive: Estate planning documents (wills, trusts, powers of attorney, health care directives) are private. The document holder (often the parent or a sibling who was given a copy) is not automatically required under Georgia law to share a copy with other family members. The parents, as the document owners, decide whether to share. If you are a named agent, successor trustee, or beneficiary, tell your parents why you want a copy and ask them to provide one or to name a neutral place (attorney, safe deposit box, or court deposit) for the original.
If a parent has died: Wills — the person in possession of the decedent’s will should submit the original to the appropriate probate court for probate. Once a will is filed and the probate case is opened, probate court records are generally public, and interested persons can obtain copies through the probate court. In Georgia, probate matters are handled by county probate courts (see general information at the Georgia Courts website: https://georgiacourts.gov/).
If the matter involves a trust: Revocable trusts often remain private after the settlor’s death unless the trust provisions or state law require disclosure. Georgia law imposes duties on trustees (fiduciary duties and duties to report and account to beneficiaries). A trustee who refuses to provide required information or accounting can be compelled by court action. See Georgia Code, Title 53 (Wills, Trusts, and Administration) for provisions governing trusts and fiduciary duties (search and read the statutes at the Georgia General Assembly website: https://www.legis.ga.gov/).
2) Specific legal pathways in Georgia
- Ask the parent first. If parents are competent and alive, ask them in writing to provide a copy or to authorize the sibling or the attorney holding the documents to disclose or deposit the original with a neutral party.
- Send a clear written demand. If the sibling refuses after a polite request, send a formal written demand (certified mail, keep copies). That creates a record you attempted to resolve the matter without court involvement.
- If the parent is deceased and the will hasn’t been filed: You (as an interested person — e.g., named beneficiary or heir) can contact the probate court where the decedent lived and ask whether a will has been filed. If not, you can file a petition with the probate court to open administration. If someone is hiding the original will, the court has processes to address that conduct once noticed.
- If a trust is involved: Beneficiaries generally may request information and an accounting from the trustee. If the trustee refuses, a beneficiary can petition the probate or superior court (depending on the relief sought) to compel disclosure, force an accounting, surcharge the trustee, or remove the trustee for breach of duty.
- Use subpoenas and discovery in litigation. If you file a probate petition or other court action, Georgia court rules allow subpoenas and discovery to obtain documents from third parties (including a sibling). The court may compel production and impose sanctions for improper withholding.
3) Evidence and practical steps to strengthen your position
Collect and preserve evidence: copies of your written requests, certified-mail receipts, emails, texts, notes of phone calls, and any documents or statements showing you are a named beneficiary or otherwise interested. Identify where the original documents may be (attorney offices, safe-deposit boxes, home safes). If an attorney holds the documents, Georgia law and professional rules may require that attorney to respond to the person who executed the documents.
4) When to get a lawyer
Consider consulting a Georgia probate or trust attorney if your sibling continues to refuse and you believe legal action is needed (for example, to open probate, to compel a trustee’s accounting, or to seek sanctions for withholding a will). An attorney can evaluate whether to file a petition in probate court, a petition for discovery, or a civil action for breach of fiduciary duty.
5) Key Georgia resources and where to find statutes
- Georgia Courts: general probate information — https://georgiacourts.gov/
- Search Georgia Code (Title 53 covers wills, trusts, and related matters) — Georgia General Assembly: https://www.legis.ga.gov/. Use the site’s statute search to view relevant sections.
Common scenarios and likely outcomes
Scenario A — Parent alive; sibling has their copy
Outcome: You cannot force production. Ask the parent to provide or authorize disclosure. If the sibling claims a right to possession (gifted copy), courts rarely force transfer of a private document while the author is alive.
Scenario B — Parent deceased; sibling refuses to file or produce a will
Outcome: If you are an interested person, you can file a petition in probate court to open an estate. The court can require production of the original will; hiding or destroying a will can lead to adverse inferences and sanctions.
Scenario C — There is a trust and you are a beneficiary
Outcome: Trustees owe duties to beneficiaries. If a trustee withholds information, beneficiaries can seek an accounting and compel production through the courts and may obtain removal or other remedies if the trustee breached duties.
Helpful hints
- Document every request: send written requests by certified mail and keep copies.
- Talk to the parent privately, if possible, to explain your concerns and ask them to update instructions for document custody.
- Check likely locations: the parent’s attorney, bank safe-deposit box, or a secure attorney escrow are common places documents are kept.
- If a will is suspected but not filed after death, contact the probate court in the decedent’s county to ask about opening an estate.
- If a trust exists, identify whether it’s revocable or irrevocable; revocable trusts are often governed by the settlor during life and may require trustee disclosure after death.
- Preserve evidence of any misconduct (threats, destruction, or concealment) — courts weigh this heavily.
- Consult a Georgia probate/trust attorney early if the sibling continues to refuse — an attorney can draft formal demands and, if necessary, file petitions to compel production or accounting.
Important note: This article explains general Georgia law principles and practical steps. It does not provide legal advice for a specific situation. Laws change and outcomes depend on facts and local court rules. For advice tailored to your circumstances, consult a licensed Georgia attorney.