Legal Question in Wills and Trusts in Georgia

Is a copy of an original will enough to protect my rights as an inheritor?


Asked on 11/30/16, 7:10 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

In most cases the absence of the original is a huge problem.

Read more
Answered on 11/30/16, 7:13 am

It is better to have an original will submitted for probate. If the copy you have is signed, it is possible to probate a copy provided that the other requirements are met. For example, why is there a copy? What happened to the original? Who else besides you stands to benefit under the copy? Who stands to benefit if there is no will, i.e., who are the intestate heirs? How much money is in the estate and what kind of property would be in dispute? It may be possible to achieve the same objective without a costly caveat proceeding fighting over the validity of a copy to the will. When was this copy executed by the testator? Is there another original will somewhere and was it made before or after the copy you have? Are you named as the executor in this copy?

These are just some things you will need to consider. I suggest that you consult a probate litigation attorney who practices in the county/state where the decedent's estate is or would be pending and pay him/her to evaluate what you have and review any other documents or the estate file and advise you.

Read more
Answered on 11/30/16, 8:24 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia