“I Can’t Find The Will! What To Do If The Will Is Lost” by Leslee Hungerford

Many times, the original will of a decedent cannot be located. However, an estate can still be probated even in the absence of the original will. In Georgia, if a will cannot be found there is a presumption that it was revoked by the testator (the individual who executed the will). This presumption may be overcome and a copy of the original will can be admitted to probate. Overcoming the presumption of revocation may be achieved by showing that the will was destroyed or lost after the testator died. The individual offering the copy of the Will may offer circumstantial or direct evidence to rebut the presumption that the will was revoked. Testimony from individuals who witnessed the execution of the original will are most helpful in this endeavor.