What Happens If You Die Without A Will in Georgia?

When someone dies in Georgia and they have a will and possibly a trust too, the family and the state know how the deceased wants all of their assets distributed. But what if the deceased does not leave a will? With that in mind, when there is no will, the matters will follow the intestate laws of Georgia. 

Where Do the Assets Go?

If someone dies without a will, then that estate will be deemed intestate. Their assets will be given to the deceased person’s heirs based on their state’s rules of “intestate succession.” If there are assets to be passed down, the chances are high that the estate will go through probate.

During probate, the court will appoint an administrator who will ensure the assets are properly distributed according to the state’s intestate laws. If that is their wish, a sole heir or surviving spouse may be given the role of administrator. If there are multiple heirs, an administrator may be chosen by court approval.

What Are Georgia’s Intestate Laws?

If you die without a will in Georgia, your assets will serve different potential ways. Georgia Code § 53-2-8 explains the rules of intestate succession in Georgia.

First, if you have debt the state will use your assets to ensure that your debt is paid off. Then, if you have any living relatives, the leftover assets will be divided according to Georgia’s intestate rules. 

If you have a spouse and/or children, then your estate will be passed down to them. If your child died before you did, then the state will take your child’s share and split it among their kids (i.e., your grandchildren). Here is where the assets may go, depending on your living descendants: 

• If you have a spouse but do not have any children, then the surviving spouse will be the one to inherit the estate as a whole.

• If you have a spouse and multiple children, then the spouse will receive 1/3 of your assets, and the children will receive an equal share of the remaining assets.

• If you have children but do not have a spouse, then your children will split everything equally among them. This includes both biological children and the ones that have been adopted.

In certain cases, someone that dies without a will may not have children or a spouse to leave everything to. In this situation, the assets will be split in the following manner (in order): 

• If your parents are alive, then your assets will be passed down to them.

• If your parents are no longer alive, then your asset will be passed down to your siblings.

• If you don’t have any spouse, kids, siblings, or parents to pass your assets to, then the assets will go to:

  • Your grandparents

  • Aunts and uncles or their children (if you don’t have grandparents)

  • First cousins (if you don’t have aunts and uncles).

When you die without a will in Georgia, your assets will be distributed according to the intestate laws. If you have no close family members, distant relatives may receive your assets or your assets could wind up in the state’s coffers if no heirs are identified.

An estate planning lawyer can help you protect your assets and ensure they are distributed how you want after your death. And, your estate planning attorney can help avoid the time, cost and stress of probate court to settle your estate. You don’t need to be wealthy to use estate planning to protect your family.

Contact Jammie Taire of SmithTaire Legal: Your Trusted Legal Partner  in Georgia

If you need help with creating a will to protect your loved ones after you are gone, contact your trusted legal partner, the team at SmithTaire Legal. Schedule an appointment with us today at 678-253-8133 to discuss your situation.