In Georgia, wills are considered public documents once they are filed with the probate court. Here’s how the process works:
- Filing the Will with the Probate Court
When a person passes away and their estate goes through the probate process, the will is submitted to the probate court for validation and probate. Once the will is filed with the court, it becomes a public record.
- Public Access to Wills
Once a will is filed and the probate process begins, it is available for public inspection. Anyone can request to view a will or obtain a copy by visiting the probate court where the will is filed. This includes:
- Beneficiaries who want to confirm their inheritance.
- Creditors seeking information about the estate’s assets.
- Family members or interested parties who want to ensure the will is valid or contest it.
- Exceptions
Though the will becomes public once filed, certain personal information (like bank account details, social security numbers, or other confidential details) may be redacted or sealed by the court to protect privacy.
- Why Wills Become Public
The reason wills are made public in Georgia is to ensure transparency in the probate process. This allows interested parties, such as family members and creditors, to have access to the will to ensure fairness and accountability in the distribution of the deceased’s assets.
Conclusion:
In Georgia, once a will is filed in probate court, it becomes a public document. This allows anyone to access it, although some sensitive information may be redacted to protect privacy. If privacy is a concern, some people choose to create a living trust, which does not go through probate and remains private.
How do you avoid having your estate made public? A living trust (sometimes referred to as an inter vivos trust) is the only way to have more certainty around privacy in the estate administration process.
If you want to give your family more privacy after you pass away, contact us today to schedule your Strategic Consultation. We serve the Alpharetta, Johns Creek, Milton, Roswell, Sandy Springs, Marietta, Woodstock, Canton, Suwanee, Cumming, Lawrenceville areas of Metropolitan Atlanta, Georgia. Phone: (770) 508-6525; Email: team@refecalaw.com.will