Georgia Commons

Official Code of Georgia Annotated

Title 15. COURTS · Chapter 9. PROBATE COURTS · Article 2. JURISDICTION, POWER, AND DUTIES

15-9-38. Filing of wills; confidentiality of files; public docket.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person who has made a will may file it in the office of the judge of the probate court of the county of his residence. The judge shall maintain a docket in which he shall register the will, the date on which it was deposited in his office, and the date of withdrawal of the will by the person making the same or some other person, as the case may be, if the same is withdrawn. The files shall be confidential, and no person other than the person depositing the same, his legal representative, or his attorney in fact shall have access to the file prior to the death of the person making and depositing the will. The docket maintained by the judge shall be public as are other dockets in his office.#

  2. (b)

    Nothing in this Code section shall be construed so as to prohibit any person from revoking such will by the execution of a subsequent will or so as to change the ambulatory nature of the will of any person.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1958, p. 354, § 1.

Cross references

Limitation of access to probate court files, Uniform Rules for the Probate Courts, Rule 17.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 461 to 462; merge action: carried; file SHA-256 1f1f034443c3.

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