Q: Is it mandatory to file a Will in Georgia even if no probate is anticipated?
A: O.C.G.A. Sec. 53-5-5 provides: "A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered." This does not mean that a person having possession of a will must file a petition to probate the will, but only that he or she shall file the will with the probate court.
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