Court Safekeeping of Original Wills in Georgia
At a glance
| Statutory safekeeping route | Voluntary lifetime filing with probate judge (§ 15-9-38(a)). |
|---|---|
| Who may deposit | Person who made the will (§ 15-9-38(a)). |
| Proper court or clerk | Probate judge in county of testator’s residence (§ 15-9-38(a)). |
| Envelope and filing record | Docket registers will, deposit date, withdrawal date; docket public (§ 15-9-38(a)). |
| Fee and receipt | § 15-9-38 states no fee or deposit receipt requirement. |
| Custody before death | Will files confidential before death; public docket remains open (§ 15-9-38(a)). |
| Retrieval before death | Withdrawal date recorded; depositor, representative, or agent may access file (§ 15-9-38(a)). |
| Notice after death | § 15-9-38 does not specify a death notice process. |
| Opening and release after death | § 15-9-38 limits file access before death but gives no postdeath release steps. |
Requirements one by one
Filing office and record
Under § 15-9-38(a), a person who has made a will may file it with the probate judge for the county of residence. The judge’s docket registers the will and deposit date and, if it is withdrawn, the withdrawal date and whether the maker or another person withdrew it. The docket itself is public.
Access before death
The same § 15-9-38(a) makes the will files confidential before the maker’s death. Access is limited to the depositor, that person’s legal representative, or attorney in fact. The text records that another person may withdraw a will, but it does not set out a separate written-order or identity-proof procedure for retrieval.
What trips people up
The public docket and the confidential will file are different under § 15-9-38(a). The section does not specify a fee, receipt, death notice, or postdeath release process. It addresses filing and lifetime access rather than the later probate decision.
Common questions
Does filing prevent a later will? No. § 15-9-38(b) expressly preserves revocation by a later will and the will’s ambulatory nature.
Can a representative inspect the file while the maker is alive? § 15-9-38(a) allows access to the depositor’s legal representative or attorney in fact, along with the depositor.
Statutes and sources
- Ga. Code § 15-9-38(a)–(b). Verbatim official text, section URL, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
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