Legal Question in Wills and Trusts in Georgia
Probating a Will with just a copy
My father died in March and I have a copy of his Will, but my Mom cannot find the original copy. The Will was notarized and has all of the necessary sections including witnesses, etc.
Is the ORIGINAL copy of the Will required to probate in Cobb Co. Georgia, or can we use a copy? What should we do if we can't find the original? Is there a time limit for probating the Will?
3 Answers from Attorneys
Re: Probating a Will with just a copy
You need a lawyer.
The law presumes if the original is gone that the deceased destroyed it (and revoked the will). However, depending on evidence and testimony, you may overcome the presumption. This is not a do it yourself project, but it's doable.
Re: Probating a Will with just a copy
You need a lawyer. If your mother cannot afford a lawyer, she should contact the Cobb Justice Foundation, 30 Park Square, Marietta, GA 30090 to see if she qualifies for assistance from a volunteer lawyer through that office.
Re: Probating a Will with just a copy
You can file a copy of the Will for probate, but it is tricky and too complicated to explain here. GENERALLY, you have five years to probate a Will, but this also has exceptions. Consult with a local attorney.
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