Your estate is distributed per the intestacy laws when you die without a will.
This process is known as Georgia intestate succession.
It determines how your property is divided among your heirs.
The administrator needs to split the estate per these laws.
Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).
Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.
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Intestate succession is how Georgia splits an estate when there is no will.
Georgia’s code outlines the order of inheritance for this.
These laws provide a clear way to transfer property to surviving heirs.
In Georgia, the order of inheritance under intestate succession is clearly defined.
Here’s a breakdown of the order of inheritance without a will:
Scenario | Who Inherits | Details |
---|---|---|
Surviving Spouse and Kids | Spouse and Children | The estate is shared equally, but the spouse gets at least one-third. |
No Children | Spouse | The estate goes to the surviving spouse. |
No Surviving Spouse | Children | The estate goes to children. Grandchildren inherit the deceased child's share. |
No Spouse or Kids | Parents | The estate goes to the parents. |
No Parents | Siblings | The estate is divided among siblings. Nieces/nephews inherit the deceased sibling's share. |
No Immediate Family | Extended Family | The estate goes to grandparents, aunts, uncles, cousins, etc., in order. |
When your spouse dies, the “surviving spouse rights” to their property that you have are:
When your spouse dies, what happens to the house you’re living in?
Do you have to sell it and split it with the kids?
The probate courts will ultimately decide what to do with the house.
They could force the sale of the house to distribute the estate.
But, homestead exemptions normally take priority.
No, a spouse does not automatically inherit everything under Georgia intestate succession laws.
When you die intestate in Georgia, your estate must go through probate.
The probate process distributes the estate, which includes:
The probate process is confusing and overwhelming.
There’s 50 forms that you COULD file.
And no direction on which ones you need.
But, the easy part is filing the will.
The hard part is:
You shouldn’t have to figure this out while mourning the loss of a loved one.
Fill out the form to get help from a probate lawyer.
Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).
Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.
"*" indicates required fields
Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.