A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered. History. — Code 1981, § 53-5-5, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-3-3 and adds that a custodian of a will must file the will with reasonable promptness. See the Comment to Code Sec. 53-4-31, which indicates that the original of a joint will need not be filed upon the probate of the will of the second person to die.
Duty to file will
O.C.G.A. § 53-5-5 — under Title 53.
O.C.G.A. § 53-5-5