Legal Question in Wills and Trusts in Georgia

Wait until he dies and when he does, it will then be filed and become a public record.

Assuming that your uncle is very much alive, then you do not have a right to see his will. In such case, be nice to him!

Assuming that your uncle has passed, then where did he live at the time of his death? When did he die? How do you know if he even had a will? Was your uncle survived by a spouse and/or any children?

I do not need the answers to these questions. However, the answers are going to depend on what you do next.

If your uncle died within the last 30 days, it may be too soon for an estate to be probated for him. If its been more than 30 days, then you can check with the probate court of the county/state where your uncle lived at the time of his death. Estates/wills are matters of public record and can be seen by anyone. If there is an estate file, then go and look at the file. It should at least contain a will (if there was one), letters of administration (if no will) or letters testamentary (if there was a will). If there is no will, usually the heirs have to be listed on the form and given notice. Even if there is a will, those who would stand to benefit usually must be given notice (the notice requirements may vary from state to state and I don't know if your uncle lived in GA or not).

If letters of administration/testamentary were issued, who is the personal representative? Estate lawyer? You may want to contact the personal representative for more information.

If there is no estate file and over 30 days have passed since death, then you have a more complex situation. In that case, what assets did your uncle have at the time of his death and how much was probate versus non-probate assets? Examples of non-probate assets are realty jointly owned with another with a right of survivorship (check the deeds to the land to see how it is titled), bank accounts jointly owned with another, life insurance, IRAs, annuities or other pension benefits. These things pass outside of probate to the designated beneficiary or joint holder. If your uncle rented an apartment and owned nothing but a small checking account, that too would be a situation where there is not necessarily a need for probate as there are no substantial probate assets.

If your uncle had assets but no estate was ever opened and you believe that your uncle had a will, or that he had substantial probate assets or that something funny is going on, in that case you need to see a probate lawyer who practices in the county/state where your uncle resided at the time of his death. Be prepared to either provide the lawyer with copies of the estate file, if any, as well as a list of potential heirs with addresses. It may be that enough time has passed and you are the next of kin that you will want to become the personal representative. If there is already an estate file but you have grounds to challenge, then you will want to talk to the lawyer about bringing a will caveat.