Legal Question in Wills and Trusts in Georgia
How would I be able to find out if my father left a will? We are currently going through all of his finances to finalize his burial and the subject came up.
2 Answers from Attorneys
I am sorry for your loss.
Unfortunately, most Americans never bother to do the absolutely vital step of writing a will. As a general rule, if he never mentioned one, he probably didn't make one. In that case you need a lawyer to assist with intestate probate (even if you find a will, a lawyer is a must).
There are several places you should check besides looking through whatever papers you find: (1) if he often used a particular lawyer, call that lawyer and ask [search his old checkbooks and charge statements to see if you see a lawyer in there], (2) check with the county probate court (some people store a will there, even though most choose not to, (3) ask other family members, and (4) check with the bank where he banks to see if he has a safety deposit box.
My office handles probate in your area, so please feel free to call me at 404-768-3509 if you need some legal help with probate.
There is generally no repository for documents of this type other than the clerk of the probate court in the county where your father resided. Some clerks accept wills for filing and some do not.
Other than that, you can try searching in the places suggested by Attorney Ashman. Otherwise, look around his home. Did he have a safe or other place at home where he stored his important papers? You can try there as well.
If no will is found within 30-60 days after his death, then you will have to assume that your father died without a will and seek to probate the estate under the intestacy laws. If a will is later found, it can always be admitted at that time.