Probate in Georgia: What Your Family Goes Through Without a Will

When someone dies without a will in Georgia, the estate is distributed under the state's intestate succession laws which is processed through probate court. In some situations, assets skip this process entirely.

‍

Some exceptions include the following.

• Any life insurance policies that you have listed a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Property held in joint tenancy with right of survivorship.

• Any bank accounts with a payable-on-death designation.

Georgia does not have a specified dollar amount for a small estate threshold the way most states do. Instead, under O.C.G.A. 53-2-40, heirs can petition for no administration necessary regardless of the estate's size, as long as all heirs agree to it and there are no unpaid debts.

Succession Laws Without a Will in Georgia

Because Georgia is not a community property state, all individually owned assets are treated the same. Under O.C.G.A. 53-2-1, the lines of succession without a will are as follows.

• If you are married with no descendants, your spouse inherits everything in your estate.

• If you have descendants but no spouse, your descendants inherit your estate in equal shares.

• If you have no spouse and no descendants, your parents inherit your estate.

• If you have no spouse, no descendants, and no parents, your siblings inherit everything.

If you are married and have descendants, Georgia treats your spouse as sharing equally with your children, subject to a floor.

• Your spouse shares the estate equally with your children, as if your spouse were one additional child, but your spouse's share can never be less than one-third of the total.

Want to compare your options before or after probate? Compare what is included in a will and a trust.