Detailed Answer
Short overview: If you live out of state and hold the original will of a Georgia decedent, the basic steps are: identify the correct Georgia probate court (usually the county of the decedent’s domicile), gather required paperwork (original will and a certified death certificate at minimum), contact the probate clerk to learn local filing rules, and either mail or hire a local attorney to file the will and a petition for probate. The court will tell you the forms, fees, and whether witnesses or additional proof are needed.
1. Which court to contact
In Georgia, wills are handled by the probate court in the county where the decedent was domiciled when they died. For general information on Georgia wills and estate administration, see O.C.G.A. Title 53 (Wills, Trusts, and Administration of Estates): https://www.legis.ga.gov/georgia-code/title/53. If you are unsure which county the decedent legally lived in, check their last address on official records (driver’s license, voter registration, tax records) or contact Georgia’s court directory at https://www.gacourts.gov to find the correct probate court and clerk contact info.
2. Documents to prepare before contacting the court
- Original will (the court will want the original document).
- Certified copy of the death certificate.
- Copy of the decedent’s identification or key records showing domicile (if the court requests).
- Your contact information and, if you are the named executor, a copy of your ID and address.
- Any self-proving affidavit attached to the will (a properly executed self-proving affidavit speeds admission because witnesses don’t need to testify).
3. Contact the probate court clerk first
Call or email the probate court clerk before sending anything. Ask these specific questions:
- Do they accept mailed originals, or must documents be filed in person?
- What forms and fees do they require to open probate and issue letters testamentary?
- Do they require certified copies of the death certificate or other supporting documents?
- Do they have local rules for out-of-state executors (for example, bond requirements or needing a local agent)?
4. Safe delivery of the original will
If the clerk confirms you may mail the original, use a trackable, insured delivery method (courier, certified mail with return receipt, or overnight carrier). Include a clear cover letter stating your relationship to the decedent, the decedent’s full name and date of death (if known), and a request that the clerk file and return the original (if you want it returned) or hold it. Ask the clerk for a stamped receipt or a filed-stamp copy and the expected processing time.
5. Filing options if you cannot mail the original
- Hire a Georgia probate attorney to file the original on your behalf, appear in court if needed, and obtain letters testamentary. Attorneys routinely handle filings for out-of-state executors.
- Some clerks will accept a local representative to deliver the original; confirm their identity requirements. Note: a financial power of attorney does not survive death and cannot be used to probate a will—only a court appointment (letters) or an attorney acting under a retainer will work.
6. What happens after the will is filed
The typical sequence is:
- Clerk files the original will and issues a filing receipt.
- You (or the filing attorney) file a petition to probate the will and request letters testamentary (appointment as executor).
- The court issues letters testamentary if everything is in order and there is no contest. The named executor then has authority to act for the estate. Local filing fees and bond requirements may apply.
7. Self-proved wills and witness testimony
If the will includes a properly executed self-proving affidavit, Georgia courts typically admit the will to probate without live witness testimony, which simplifies out-of-state filings. For statutory guidance about wills and self-proved wills, see O.C.G.A. Title 53 at: https://www.legis.ga.gov/georgia-code/title/53.
8. If the original will is lost or missing
If the original is lost or someone claims it is missing or destroyed, Georgia law allows filing a copy with proof of the original’s execution and proof about what happened to it; that process is more complex and may require a hearing and sworn testimony. Consult the probate clerk or an attorney for guidance.
9. When to hire an attorney
Consider hiring a Georgia probate attorney if any of these apply:
- You cannot safely mail the original will and need someone local to file it.
- The estate looks contested or complicated (disputes among heirs, large assets, out-of-state property).
- The will appears invalid, unsigned, or lacks a self-proving affidavit and witnesses would need to testify.
- You need help obtaining letters testamentary or acting as a non-resident executor.
10. Practical checklist before sending an original will from out of state
- Confirm correct Georgia probate court (county) where decedent was domiciled.
- Call the clerk and ask about filing procedures, forms, fees, and whether they will accept mailed originals.
- Order certified death certificate copies (you usually need several certified copies).
- Prepare a cover letter with contact info, relationship to decedent, and instructions about return of the original.
- Use an insured, trackable delivery method and request a signed receipt.
- Keep copies of everything you send and the tracking receipts.
Where to find official Georgia resources: General Georgia statutes about wills and estates are at O.C.G.A. Title 53: https://www.legis.ga.gov/georgia-code/title/53. For county-specific probate court contact information and court forms, use the Georgia Courts site: https://www.gacourts.gov.
Helpful Hints
- Do not open the will if it is in sealed mail addressed to the decedent—follow local clerk instructions.
- If the will is self-proved, tell the clerk—this can avoid the need to locate witnesses.
- Order multiple certified death certificates early; institutions (banks, title companies) often require their own certified copy.
- Ask the clerk for an approximate timeline and a contact name so you can follow up if you do not receive confirmation.
- Keep a digital scan of the original will before you mail it (scan both sides) so you have a record if the original is lost in transit.
- If you are the named executor and live out of state, confirm whether the court requires you to post a bond or appoint a resident agent; local rules vary.
- When in doubt, hire a local probate attorney to file the will and obtain letters on your behalf—this often speeds the process and avoids repeated calls.
Disclaimer: This article provides general information about Georgia probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Georgia attorney or the local probate court.