If you die without a will, various procedures can happen, depending on the situation. Aside from details of your surviving family and heirs, the appropriate steps can change based on the estate’s size and existing financial obligations before death.
In Georgia, the options could vary, but it might be one out of the following procedures:
- Permanent administration: It is a typical procedure for anyone who dies without a will. It involves notifying all heirs and a petitioner requesting to serve as the estate administrator.
- Temporary administration: Similarly, someone takes on the role of administrator, but they have restricted duties, including collecting your assets and preserving them. The court can also appoint someone for this role if needed. The administrator is responsible for typical responsibilities, such as filing necessary inventories and returns. However, they can only expedite estate disbursements and expenditures if they have court orders to conduct them.
- No administration: In some cases, estate administration can be unnecessary. This proceeding might be appropriate if the heirs agree on dividing the estate and all debts are paid. If so, they must draft and sign an agreement indicating these arrangements. They might also need to notify any creditors about these developments.
Additionally, other proceedings could be relevant, depending on your surviving immediate family members. Your spouse and minor children could file for support regardless of whether you have a will or not. Requirements might still apply for these procedures, especially if some other entities or individuals have interests in the estate you left behind.
Addressing issues through estate planning
Without a will or estate plan, family and relatives left behind might find themselves in a difficult position when dividing your estate. These issues can cause disputes, adding to their stress while grieving. The only way to address these concerns is by preparing an estate plan before death. This plan can establish your decisions regarding your estate, preventing family conflicts after you pass on.