Losing someone you love is emotionally challenging. But when no one can find their will, families are often left feeling confused and unprepared for what comes next.
This scenario is more common than you think—and it can significantly impact how the estate is handled, who inherits property, and how long the probate process takes.
Search First: Where a Will Might Be Stored
Before concluding that no will exists, it’s important to do a thorough search. Common places to check include:
- Safe deposit boxes at the deceased’s bank
- Fireproof home safes, locked file cabinets, or desk drawers
- Digital cloud storage (e.g., Google Drive, Dropbox)
- Email accounts for clues or scanned documents
- With the decedent’s attorney, accountant, or financial advisor
Sometimes, wills are held by the drafting attorney, or filed in advance with the probate court (less common in Georgia, but possible).
What If the Will Can’t Be Found?
If no original will is found, and there’s no copy available, the estate is treated as if the person died “intestate”—meaning without a will. In Georgia, intestacy laws determine who inherits what, typically in the following order:
- Spouse and children
- Parents
- Siblings
- Extended relatives
The probate court will also appoint an administrator, who takes on the role of managing and distributing the estate. This person might not be who the deceased would have chosen.
What If You Find a Copy of the Will?
If only a copy of the will is found, Georgia courts may accept it under certain circumstances—especially if there’s evidence the original existed and wasn’t intentionally destroyed by the testator (the person who made the will).
However, you may need:
- Testimony from the drafting attorney or witnesses
- Evidence of how and where the original was kept
- Confirmation that it was not revoked
This adds time and complexity to the probate process, and sometimes results in litigation.
Why Estate Planning Should Include Communication
One of the biggest takeaways: Having a will is not enough. If your loved ones don’t know where it is—or even that it exists—it can be as if it was never created at all.
That’s why estate planning should include:
- Document storage (digital and physical)
- Trusted individuals knowing how to access the plan
- Regular updates and reviews
Featured Video: Let’s Get Our S.H.I.T. Together…For Real This Time
Want a deeper understanding of how poor planning—or no planning—can hurt families? Watch Let’s Get Our S.H.I.T. Together…For Real This Time. This isn’t just a catchy title. It’s a call to action for every family who wants to protect their legacy, preserve their community, and build real generational wealth.
Whether you’re starting from scratch or updating an old plan, this episode will give you the tools (and confidence) to make estate planning a natural part of your family conversations.
Final Thoughts
Avoiding probate isn’t about dodging responsibility—it’s about taking charge of your legacy and sparing your loved ones unnecessary stress and expense. A revocable living trust, smart use of beneficiary designations, and a good old-fashioned family talk can go a long way toward making sure your wishes are followed.
Stay in the Know: Upcoming Legacy Events
From soulful dinners to practical planning workshops, our events are where real conversations about legacy, wealth, and family protection happen.
The Legacy Lounge and The Legacy Table events happen every month—and trust us, you won’t want to miss them!
✨ Subscribe to our event calendar to be the first to know about:
- Will Writing Parties
- The Legacy Lounge series
- The Legacy Table series
- Expert panels and community mixers…and so much more.
Want to Avoid the Drama Altogether?
If you’re feeling overwhelmed, don’t worry—we’re here to help. Book a free 20-minute call with Ashley to get personalized advice on your situation.
Let’s work together to create a plan that ensures your family’s future is secure and stress-free.
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