Legal Question in Wills and Trusts in Georgia
Are wills public information? My father just passed away and my step mother is saying there was no will. How can I find out if a will existed?
3 Answers from Attorneys
Unless someone files one with the court or you find it, there is no way to know. This is something you should have discussed with your father. If there is no will, you need to see a lawyer as to your inheritance rights.
Wills become public when they are probated, but there is no public record keeping system of all of the Wills created. Lawyers are usually brought into the process, so if there was an attorney that your father used frequently, you might ask them. If in fact there was no Will, you need an attorney right way as in Georgia children have inheritance rights.
As the attorneys noted, there is no record of a will unless it is filed with the court or brought forward for probate. If your father had a safety deposit box, that can be opened, usually with the clerk present. You can also try with an attorney if you know that your father had one as some attorneys do keep wills for their clients.
If there is truly no will, then your father died intestate and the property will be divided between the surviving spouse and children of your father as per state law. Whether you will inherit and how much will depend on what assets your father had at the time of his death.