Legal Question in Wills and Trusts in Georgia

How do I get a copy of a Will probated? My mother died five months ago.

No other Will was made since my stepfather died. fourteen years ago.

It stated we were to share and share alike. I have not heard anything from my brother who was named executor should my mother die.

Asked on 8/29/12, 5:51 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office
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The answer has not changed since you posted the same question yesterday.

Here is the answer you received yesterday:

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Generally you can't. ORIGINALS of wills are probated, not copies. There is a presumption that if you can't find the original that the testator destroyed it, which revokes the will.

In some RARE cases, with legal help and unusual facts, a copy might be probated. The answer in those rare cases is that you need a lawyer.

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Answered on 8/29/12, 5:57 am
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Assuming that you are not trying to probate a copy and that your brother was made executor of your mother's will and has not sought to probate it, then anyone can apply for probate if the named executor fails to do so.

If this was a joint and mutual will, then the will of your mother and stepfather will have to be re-filed. If this is not a joint and mutual will, then your stepfather's death and will is irrelevant. If your mother died without a will, then she died intestate and your brother is the executor of only diddly and squat. If there is no will then he cannot be an executor.

If your mother and stepfather made separate wills a long long time ago and your mother never bothered to update her will, then in that case her will is still valid. Again, there are procedures to compel your brother to produce a will. If he does not want to apply for probate then you can. However, you need to talk with a probate attorney who practices in the county/state where your mother's estate would be pending.

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Answered on 8/29/12, 1:19 pm

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