Legal Question in Wills and Trusts in Georgia

need original or copy

Can a copy of a will be probated, or do I need the original? If a copy is probated, what happens if an original will is found, which was prepared at a later date, that is totally different from the one that was probated?


Asked on 5/09/04, 10:15 pm

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: need original or copy

A person can have only one will - obviously the last one he or she published. A will can be revoked by destroying it. If the original cannot be found, there is a presumption, which can be overcome, that it was revoked. An attorney can advise you regarding the procedures for attempting to probate a copy; however, if you suspect there is a later will you should make every effort to locate it. It may very well be a crime not to file the will of a deceased person.

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Answered on 5/10/04, 8:13 am


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