Georgia Inheritance Laws Without A Will (Important Laws You Need To Know)

Georgia inheritance laws without a will determine how your assets will be distributed upon death.

In this article, you’ll learn about:

Georgia’s inheritance laws without a will
how the estate gets split up between spouses and children
what assets can go to the government
what assets bypass the probate process
the probate process if there’s no will
benefits of having a will

Let’s dig in.

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Georgia Inheritance Laws Without A Will

The Georgia inheritance laws without a will are intestate laws.

Intestate describes the situation when a person dies without having a valid will.

Let’s say you die without a will.

Your assets and property get distributed per Georgia’s intestate laws.

These laws serve as a default mechanism for:

distributing the decedent’s estate
determining how their assets are allocated among surviving relatives

It is all based on the degree of their relationship with you.

Here is an outline of Georgia inheritance laws without a will works:

Spouse: If there are no children, the spouse inherits the entire estate. If there are children, the spouse shares the estate equally with the children, but the spouse’s share cannot be less than one-third of the estate.
Children: Children inherit equally, with the share of any deceased child being distributed among their descendants (if any).
Parents: If there is no spouse or children, the decedent’s parents inherit the estate. If both parents are alive, they share the estate equally; if only one parent is alive, that parent inherits the entire estate.
Siblings: If there is no spouse, children, or parents, the decedent’s siblings inherit the estate. Half-siblings are treated equally to full siblings.

The intestate succession process continues down the line of relatives until a living heir is found.

If no eligible relatives can be identified, the estate goes to the state of Georgia.

Georgia’s intestate succession laws only apply to assets that would have been included in a will.

Some assets that are not subject to intestate laws are:

These assets pass directly to the named beneficiary or co-owner.

Georgia’s inheritance laws without a will lead into:

Spouses’ Share
Children’s Share

These tell you how the estate gets split up when there’s no will.

Spouse’s Share In Georgia

In Georgia, the spouse’s share depends on whether the deceased individual had any children.

The spouse’s share is determined as follows:

No Children: If the deceased individual leaves behind a spouse but no children, the spouse inherits the entire estate. In this situation, the spouse is the sole beneficiary of the decedent’s property.
With Children: If the deceased individual has children, the spouse shares the estate equally with the children. However, the spouse’s share cannot be less than one-third of the estate. This means that even if there are several children, the spouse is still entitled to a minimum of one-third of the total estate, with the remaining portion divided equally among the children.

Note that there are exceptions to the spouse’s share in Georgia.

Let’s say the couple was in the process of divorce or legally separated at the time of the decedent’s death.

The spouse may not be entitled to inherit under intestate succession laws.

A spouse can voluntarily renounce their right to inherit from the estate.

This results in the estate getting distributed to the other eligible heirs as per the intestate succession laws.

Children’s Share In Georgia

In Georgia, the children’s share of inheritance in the absence of a will depends on:

their relationship with the deceased individual
the presence of a surviving spouse

Here’s how the children’s share is determined:

With Surviving Spouse: If there is a surviving spouse, the children share the estate equally with the spouse. However, the spouse’s share cannot be less than one-third of the estate. The remaining portion is divided equally among the children. This ensures that the spouse receives a minimum share while the children also inherit a portion of the estate.
No Surviving Spouse: If there is no surviving spouse, the children inherit the entire estate in equal shares. In this situation, the estate is divided only among the children.

In the context of Georgia inheritance laws, “children” includes:

biological children
legally adopted children

Other dependents are not considered as children, like:

foster children
step children

To pass a portion of your inheritance to them, you have to either:

adopt them
create a will noting them as beneficiaries

But, what if you have grandchildren while your child has prematurely passed away?

How would Georgia’s inheritance laws when you don’t have a will work?

The deceased child’s share of the estate would be divided equally among your grandchildren.

What Is The Order Of Inheritance Without A Will In Georgia?

Georgia’s order of inheritance without a will is based on the relationship between:

the decedent
their surviving relatives

The estate is distributed following a specific hierarchical structure:

Spouse: If the decedent leaves behind a spouse but no children, the spouse inherits the entire estate. If there are children, the spouse shares the estate equally with the children, with the spouse’s share not being less than one-third of the estate.
Children: In the absence of a surviving spouse, the children inherit the entire estate in equal shares. If a child predeceases the decedent, the deceased child’s share is divided equally among their descendants (if any).
Parents: If there is no spouse or children, the decedent’s parents inherit the estate. If both parents are alive, they share the estate equally; if only one parent is alive, that parent inherits the entire estate.
Siblings: If there is no spouse, children, or parents, the decedent’s siblings inherit the estate. Half-siblings are treated equally to full siblings.

Let’s say there are no eligible relatives are found in the above categories.

The intestate succession process continues down the line of relatives in the following order:

Grandparents: The estate is divided among the surviving grandparents.
Aunts and Uncles: If there are no surviving grandparents, the estate is distributed to the decedent’s aunts and uncles.
Cousins: If there are no surviving aunts and uncles, the estate is divided among the decedent’s first cousins.

If no eligible heirs can be located, the estate goes to the state of Georgia.

Probate Process When Someone Dies Without A Will In Georgia

When someone dies without a will in Georgia, their estate undergoes the probate process.

Here are the steps when someone dies without a will in Georgia:

Determine if probate is necessary: Evaluate the deceased’s assets to determine if probate is required. Some assets, such as jointly owned property, life insurance proceeds, or payable-on-death bank accounts, typically pass directly to the surviving co-owner or beneficiary and do not require probate.
Petition for the appointment of an administrator: Since there is no will to designate an executor, a family member or another interested party must file a petition with the appropriate probate court to appoint an administrator for the estate. The court will then issue Letters of Administration, authorizing the administrator to manage the estate.
Notify creditors and heirs: The administrator is responsible for notifying known creditors of the decedent and publishing a notice to creditors in a local newspaper. The administrator must also notify the decedent’s heirs, who are the individuals entitled to inherit under Georgia’s intestate succession laws.
Inventory and appraise assets: The administrator must create an inventory of the decedent’s assets, including real estate, personal property, bank accounts, and investments. An appraisal may be required to determine the fair market value of certain assets.
Pay debts and taxes: The administrator must use the estate’s assets to pay any valid debts, taxes, and expenses related to the administration of the estate, such as legal fees, appraisal costs, or funeral expenses.
File tax returns: The administrator is responsible for filing any required state and federal income tax returns for the decedent, as well as any estate tax returns if applicable.
Distribute the remaining assets: After all debts, taxes, and expenses have been paid, the administrator distributes the remaining assets according to Georgia’s intestate succession laws. This includes transferring the title of assets to the heirs and providing a final accounting to the court.
Close the estate: Once the assets have been distributed, and the court has approved the final accounting, the administrator can file a petition to close the estate. The court will then issue an order discharging the administrator from their duties.

Benefits Of Having A Will In Georgia

Let’s look at some benefits of having a will.

Control over asset distribution: A will ensures your property is distributed according to your wishes, rather than following state intestate succession laws.
Naming a guardian: You can designate a trusted guardian for your minor children in your will.
Appointing an executor: A will allows you to choose an executor to manage and distribute your estate according to your preferences.
Minimizing disputes: A clear and well-drafted will can prevent disputes among your heirs regarding asset distribution.
Estate tax planning: A will helps plan for potential estate taxes, minimizing the tax burden on your heirs.
Charitable giving: In your will, you can designate gifts to charities or organizations, supporting causes important to you.
Establishing trusts: A will can create trusts for beneficiaries, providing ongoing financial support and protection for your loved ones.
Efficient probate process: Having a will streamlines the probate process, making it easier and less time-consuming for your loved ones.
Flexibility: A will can be updated during your lifetime, allowing you to adapt your estate plan to changing circumstances.

Avoid Georgia’s Inheritance Laws Without A Will

If you want to avoid losing your estate to Georgia’s intestate laws, fill out the form below.

Some common issues that people face when there’s no will in place include:

disputes among family members
unintended distribution of assets
difficulties navigating the probate process

We have the experience to set up your estate to avoid this very easily.

Talk soon.

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Georgia Inheritance Laws Without A Will (Important Laws You Need To Know)

Table of Contents

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Georgia Inheritance Laws Without A Will

Spouse’s Share In Georgia

Children’s Share In Georgia

What Is The Order Of Inheritance Without A Will In Georgia?

Probate Process When Someone Dies Without A Will In Georgia

Benefits Of Having A Will In Georgia

Avoid Georgia’s Inheritance Laws Without A Will

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