Legal Question in Wills and Trusts in Georgia

do i have a right to view my fathers will after he has passed


Asked on 9/10/15, 4:44 am

2 Answers from Attorneys

A right? No. However, once a will is probated at the court, it becomes a public record and anyone can see it. When did your father die? Where did he live at the time of his death? In GA or somewhere else? Have at least 30 days passed since he died? If so have you contacted the probate court to see if an estate was opened?

If its been more than 30 days, why was no estate opened? Did your father have probate assets?

If no one has applied for probate then you or any interested party can do so. If you become the personal representative you will then be able to go through your father's stuff and may find a will. Further, if you know for a fact that a will exists but suspect someone is concealing it that person can be compelled to produce thge will.

I would start by contacting the court. If there is no estate opened, then was your father married at the time of his death and survived by his wife? How many children besides yourself are there? What did your father own and how was it titled? Make a list of all these things and go and consult with a probate attorney who practices in the county/state where your father lived at the time of his death to see whether it would be cost effective to file a legal proceeding (called a caveat) to either contest a will (if one exists) or help with either compelling production of the will or probating an estate.

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Answered on 9/11/15, 1:11 am

A right? No. However, once a will is probated at the court, it becomes a public record and anyone can see it. When did your father die? Where did he live at the time of his death? In GA or somewhere else? Have at least 30 days passed since he died? If so have you contacted the probate court to see if an estate was opened?

If its been more than 30 days, why was no estate opened? Did your father have probate assets?

If no one has applied for probate then you or any interested party can do so. If you become the personal representative you will then be able to go through your father's stuff and may find a will. Further, if you know for a fact that a will exists but suspect someone is concealing it that person can be compelled to produce thge will.

I would start by contacting the court. If there is no estate opened, then was your father married at the time of his death and survived by his wife? How many children besides yourself are there? What did your father own and how was it titled? Make a list of all these things and go and consult with a probate attorney who practices in the county/state where your father lived at the time of his death to see whether it would be cost effective to file a legal proceeding (called a caveat) to either contest a will (if one exists) or help with either compelling production of the will or probating an estate.

Read more
Answered on 9/11/15, 1:11 am


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