What Happens if You Die Without a Will in Georgia?
If you die without a will in Georgia, your assets go to your closest relatives under the state's intestate succession laws found in O.C.G.A. 53-2-1. Determining who inherits which assets depends on your marital status and family situation.
If You are Married with Children
Georgia does not alter inheritance depending on whether your children are also your spouse's children.
- Your spouse splits your 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 estate, regardless of how many children you have.
If You are Married Without Children
In this case, your spouse inherits your entire intestate estate.
If You Don't Have a Spouse, but Have Children
Your children inherit everything equally. This includes legally adopted children, but not stepchildren who were never legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to any living parents. If both are deceased, your siblings inherit your estate.
If No Living Relatives Can Be Found
If no qualifying relative can be located, including great-grandparents and their descendants, your property escheats to the State of Georgia. This is not a common occurrence as the state will search until even distant relatives are located.
Other Things to Know about Dying Without a Will in Georgia
- A parent who willfully abandoned a minor child loses the right to inherit from that child's estate.
- Stepchildren generally do not inherit unless they were legally adopted.
- The probate court designates an administrator to oversee the distribution of the estate.
When Does an Estate Go Through Probate Without a Will
Georgia does not use a dollar-based small estate threshold. Instead, under O.C.G.A. 53-2-40, heirs can petition for no administration necessary regardless of the estate's value, as long as all heirs agree and there are no unpaid debts.
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