What are the rules of intestacy in Georgia?

On Behalf of | Jun 26, 2024 | Estate Planning & Probate

Having a will can be valuable, especially for those concerned about their loved ones after passing on. A will helps ensure that your loved ones are taken care of even after your death and eliminates the risk of your funds going to estranged relatives.

Despite the benefits of preparing a detailed will, some people still postpone this process. Dying without a detailed will means dying intestate, and the executor will administer your estate following Georgia’s intestacy rules.

Who inherits the assets if there is no valid will?

Those who die intestate in Georgia will have their property distributed to living relatives. The inheritors’ rights to the assets will follow the state’s succession regulations:

  • If there are children, they will inherit the property of the decedent. The kids of any child or children who died before the deceased are also inheritors.
  • The spouse is the heir if the decedent has no children.
  • The decedent’s parents would be the heirs if they had no spouse, children or grandchild.
  • In cases where there are no spouse, children or parents, then the decedent’s brothers and sisters and their descendants will inherit the assets.
  • If none of the relatives mentioned above lived at the time of the decedent’s passing, then the grandparents will be inheritors.
  • If there are no more living grandparents, the heirs are the deceased’s uncles and aunts and their descendants.
  • If all uncles and aunts have passed on, the executor will distribute the wealth equally to first cousins.

The administration of an estate can be a complex process, especially if someone with considerable assets dies intestate. In these cases, consider working with an experienced attorney.

How an attorney can help

Working with a lawyer can be valuable during estate planning. They can help address matters involving wills, trusts and power of attorney so you can have a detailed estate plan.

A lawyer may also offer comprehensive probate litigation in case of disputes during the probate administration. Working with an experienced legal professional may help resolve these issues.