Intestate Succession in Georgia: What Happens If You Die Without a Will?

Estate planning is one of the most important financial and legal steps you can take. Yet many people in Georgia delay creating a will or never complete one at all.

If you die without a valid will in Georgia, the law considers you to have died intestate. When this happens, Georgia’s intestate succession laws determine who inherits your property and how your estate is distributed. Unfortunately, these rules may produce results that are very different from what you would have wanted.

Understanding how intestate succession works can help you see why creating a will is so important.

What Does “Intestate” Mean in Georgia?

When someone dies without a legally valid will, the estate must be handled according to Georgia law rather than the deceased person’s wishes. Because no will exists, you lose most control over how your assets are distributed after death.

An intestate death means:

• Your wishes about inheritance are not legally documented
• Georgia intestacy laws determine who receives your property
• The probate court appoints an administrator to manage the estate

How Georgia Distributes Property Without a Will

Georgia’s intestate succession laws (O.C.G.A. § 53-2-1 et seq.) establish a specific order of inheritance.

These laws only apply to probate assets, which are assets that must pass through probate court. Other assets with beneficiaries or joint ownership typically bypass these rules, which are known as non-probate assets. These are normally life insurance policies or retirement accounts.

Below is how property is usually distributed when someone dies without a will in Georgia.

Surviving Spouse and Children

If you leave behind both a spouse and children, Georgia law divides the estate between them.

• The surviving spouse receives at least one-third of the estate
• The remaining assets are divided among the children

For example, if a spouse and two children remain, the spouse receives 1/3 of the estate. Each child shares the remaining 2/3 of the estate, regardless of the amount of children.

Surviving Spouse Only

If you die leaving a spouse but no children or descendants, your spouse inherits the entire estate.

Children Only (No Spouse)

If you have children but no surviving spouse, your children inherit everything equally.

If one of your children dies before you, their share usually passes to their own children (your grandchildren) under a legal principle called per stirpes. If there are no grandchildren, that child’s shares lapse and are redistributed among the remaining surviving children.

When No Spouse or Children Exist

If there is no surviving spouse or children, Georgia law distributes the estate to extended family members in the following order:

1. Parents
2. Siblings
3. Nieces and nephews
4. Grandparents
5. Aunts and uncles
6. Cousins

If no legal heirs can be found, the estate may escheat, meaning the property goes to the State of Georgia.

What Assets Are Affected by Intestate Succession?

Not all property is controlled by intestacy laws. Only probate assets are distributed according to Georgia’s intestate succession rules. Assets that typically avoid probate and go directly to beneficiaries include:

• Life insurance policies with named beneficiaries
• Retirement accounts such as 401(k)s and IRAs
• Bank accounts with payable-on-death (POD) designations
• Securities with transfer-on-death (TOD) instructions
• Property held in a revocable living trust
• Jointly owned property with rights of survivorship

These assets usually transfer directly to the listed beneficiary or co-owner.

Who Manages the Estate If There Is No Will?

When someone dies intestate, no executor is named. Instead, the probate court appoints an administrator to handle the estate. The administrator’s responsibilities typically include collecting and protecting estate assets, creating an inventory of property, paying debts, taxes, and funeral expenses, and distributing remaining assets according to Georgia law.

Courts often prioritize spouses or adult children for this role. However, if family members disagree or no suitable person is available, the court may appoint someone else.

What Happens to Minor Children?

One of the most important reasons to create a will is to name guardians for minor children.

If both parents die without a will, the court decides who becomes the child’s guardian. Family preferences may not control the decision, especially in complex family situations. The process can create delays and additional legal proceeding. During an already difficult time, this can make things even more complicated for families.

Consequences of Dying Without a Will in Georgia

Your Assets May Go to People You Didn’t Intend

Without a will, state law controls inheritance. Your property could go to distant relatives instead of friends, partners, or charities you care about.

Family Disputes Can Arise

Family members may disagree about who should serve as administrator and how assets should be handled. These disagreements can lead to lengthy, expensive, and tense probate proceedings.

Higher Costs

Probate expenses, court costs, and legal fees may reduce the value of the estate your heirs receive.

Probate Is a Public Process

Most intestate estates must go through probate court, where filings and records are publicly accessible. This means any information to the probate case and the deceased assets are publicly available for anyone to view.

Why Creating a Will Is So Important

A legally valid will allows you to:

• Decide who inherits your property
• Choose a trusted executor to manage your estate
• Name guardians for minor children
• Prevent unnecessary probate disputes
• Leave gifts to friends, charities, or non-family members

Without a will, Georgia law — not your personal wishes — determines how your legacy is handled. Creating a will does not have to be complicated, but it can provide clarity, protection, and peace of mind for your family.

If you are considering an estate plan in Georgia, working with an experienced estate planning attorney can help ensure your wishes are clearly documented and legally enforceable. Contact our office today to get started.