If a person dies without a will, Georgia intestacy laws take effect. This is a default system for how assets pass when there is no valid will. The rules are very strict and are formula based. This leaves no room for personal wishes or non-traditional family structures. If you want to ensure your assets pass in the way you want, an estate plan or at least a will can help get things started.
At DeLorme, Hamilton, Raulston, PLLC, our Georgia estate planning lawyers are ready to help. We walk you through what happens without a will, but we’re ready to help you avoid this possibility.
What “Intestate” Means Under Georgia Law
A person dies intestate if there is no valid will when they pass. The Georgia intestacy laws take effect when there is no will. The law will determine who gets your property, in which priority, and in what proportions. The probate court is also involved, increasing the time it takes to finalize an estate and increasing costs.
Intestate succession will apply to all assets that must go through Georgia probate. Any assets that pass outside of probate are not subject to this process, such as life insurance or retirement accounts.
How Georgia Divides an Estate Without a Will
Georgia’s intestacy rules follow a clear hierarchy. The distribution depends entirely on which relatives survive the decedent.
1. Spouse and Children
In most cases, if there is a spouse or children, the estate gets divided between them. The spouse is entitled to at least one-third of the estate, and the children might share the remaining portion.
Georgia does not give the spouse an automatic 50% share or full ownership of the home. The one-third minimum is fixed, even if the estate is small or the children are minors.
If there are no children, the spouse inherits the entire estate.
2. Children Only
If there is no surviving spouse, the children inherit everything in equal shares. Georgia treats biological and legally adopted children the same. Children born outside marriage inherit if paternity is legally established.
Stepchildren do not inherit unless legally adopted.
3. No Spouse, No Children: Parents and Siblings
If the decedent leaves no spouse or descendants, Georgia moves up the family tree:
- Parents inherit first.
- If no parents survive, siblings inherit equally.
- If a sibling died before the decedent, that sibling’s children (nieces and nephews) inherit their parent’s share by representation.
4. Extended Family: Grandparents, Aunts, Uncles, Cousins
If no immediate family exists, Georgia continues outward:
- Grandparents
- Aunts and uncles
- First cousins
The law follows a strict order of kinship. More distant relatives inherit only if closer relatives do not exist.
5. No Relatives at All: Escheat to the State
If the probate court cannot identify any heirs, the estate eventually escheats, meaning it becomes property of the State of Georgia. This outcome is rare but possible.
Special Rules That Often Surprise Families
Georgia’s intestacy laws include several rules that can dramatically affect distribution:
- Minor children receive property outright at age 18, unless a conservatorship or trust is created through probate.
- Half-siblings inherit equally with full siblings.
- Separated spouses still inherit unless legally divorced.
- Common-law marriage is not recognized, so partners inherit nothing unless legally married.
- Heirs must survive the decedent by at least 120 hours to inherit.
Why Dying Without a Will Creates Problems
Intestate succession may have clear rules, but it is usually not the best option. Common issues include:
- Property divided in ways that conflict with the decedent’s wishes.
- Minor children inheriting large assets without safeguards.
- Family disputes over the home, vehicles, or sentimental items.
- Difficulty managing jointly inherited property.
- Financial strain on the surviving spouse who receives only one-third.
Avoid Dying Without a Will: Create Your Georgia Estate Plan to Protect Your Assets and Loved Ones
Dying without a will is not something you want. A will and other estate planning documents can help you pass on your assets the way you actually want them to. Speak with our skilled legal team to learn more.
Our team at DeLorme, Hamilton, Raulston, PLLC can help with your legal needs. Contact us today for a consultation.