State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-6

O.C.G.A. 53-3-6 (2010)
53-3-6. (Pre-1998 Probate Code) Procedure when will lost or destroyed; presumption of revocation


(a) If a will is:

(1) Lost during the testator's lifetime;

(2) Destroyed without the consent of the testator during the testator's lifetime; or

(3) Lost or destroyed subsequent to the death of the testator,

a copy of the will, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate and record in lieu of the original.

(b) In every such case described in subsection (a) of this Code section, the presumption is that the will was revoked by the testator, and that presumption must be rebutted by clear and convincing proof.

(c) This Code section shall apply to all petitions for probate pending on or after April 4, 1991.