Must I have the original of the will to settle the estate in Georgia?
Full Question:
Must I have the original of the will to settle the estate in Georgia?
11/07/2016 |
Category: Wills and Es... ยป Finding a Will |
State: Georgia |
#26349
Answer:
The Supreme Court of Georgia has stated:
Under Georgia law, if the original of a will cannot be found for probate, there is a presumption that the testator intended to revoke the will. But this presumption can be overcome if a copy is established by a preponderance of the evidence to be a true copy of the original and if it is established by a preponderance of the evidence that the testator did not intend to revoke the will.
See also the contents of this case. http://caselaw.findlaw.com/ga-supreme-court/1561376.html
Needless to say, you should consult a local attorney to get this done.