Rossville, GA asked in Probate for Georgia

Q: We have a copy of a will dated 2014 we are probating it in Georgia. We cannot locate the original will. We need to have

Persons in California that we need to complete an Interrogratories to witness will. These were wittnesses on will. Can we hire someone in California to locate these persons to help speed up probate? Thank you

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1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In Georgia, if the original will is missing, there is a rebuttable presumption that the testator intended to revoke the will. In such case, you usually would be required to present evidence to rebut the presumption of revocation. You certainly may hire someone or use a service to try to locate a witness to the will. In the event a witness cannot be located, there still may be a way to probate the will (assuming you can produce the original will or rebut the presumption of revocation due to its absence). This response is intended to provide general information only and not legal advice. You should seek the services of a probate attorney licensed in Georgia if the decedent was domiciled in Georgia.

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