You’ve worked hard to provide for your family and build a secure future.
But what happens if someone dies without a will?
Unfortunately, many people assume their assets will naturally go to their loved ones. However, in Georgia, dying without a will (a situation known as “intestate”) often leads to outcomes that do not line up with your wishes.
This guide will walk you through Georgia’s intestate laws, who inherits what if a person dies, and why creating a will is essential to protect your family and assets.
What Does “Dying Without a Will” Mean?
Intestate Explained in Plain English
Simply put, dying “intestate” means you’ve passed away without a valid will. A will is a legal document that outlines who should inherit your property and how you want things handled after your death. Without one, Georgia’s intestacy laws decide for you. Put simply, if you do not have a plan, the State of Georgia certainly does.
Georgia’s Intestate Succession Laws
Think of intestate succession as Georgia’s default plan for dividing up your assets. While it’s designed to provide a structure, it can’t account for your personal relationships, preferences, or unique family dynamics. That’s why the outcomes it produces might surprise, or even overwhelm you and, more importantly, your family member left behind after you are gone.
According to Georgia Code § 53-2-1, the state uses a specific legal order to determine who inherits your estate when you die without a will. This order is based on your closest surviving relatives — but it may not reflect your actual wishes or family relationships.
Who Gets What? Georgia’s Intestate Laws Explained
When you don’t leave a will, Georgia law uses a hierarchy to determine who inherits your assets. Let’s break it down based on common family scenarios:
If You’re Married With Children
Your spouse and children share your estate. Under Georgia law, your spouse must receive at least one-third of the assets, with the rest equally divided among your children.
Example: If your estate is valued at $120,000, your spouse gets $40,000, and the remaining $80,000 is evenly split between your children.
If You’re Married Without Children
If you don’t have children, your spouse or official domestic partner inherits your entire estate.
Example: If your estate is worth $150,000, your surviving spouse receives all assets.
If You Have Children but No Spouse
Your entire estate is divided equally among your children. If you pass away without a spouse or children, your estate first goes to your parents. If they are no longer living, it is divided among your siblings. From there, Georgia law constitutes an order of priority down the family tree, potentially reaching nieces, nephews, or extended relatives.
Example: If you have three children and your estate is valued at $90,000, each child would inherit $30,000.
If You Have No Spouse or Children
If you pass away without a spouse or children, your estate first goes to your parents. If they are no longer living, it is divided among your siblings. As mentioned above, if you have no siblings living, Georgia law continues down the family tree, potentially reaching nieces, nephews, or extended relatives.
Example: If you have no spouse, children, or living parents, your estate would go to your siblings or their children if your siblings have passed away.
What’s Not Covered by Intestate Laws?
Not every asset automatically goes through intestacy laws. Some types of property or accounts follow a different set of rules:
Non-Probate Assets
Certain assets bypass the probate court entirely and follow beneficiary designations instead. These often include:
- Life Insurance Policies
- 401(k) and Retirement Accounts
- Payable-on-Death Bank Accounts
It’s important to double-check your beneficiary designations to ensure they reflect your current wishes.
Out-of-State Property and Business Ownership
Property located outside Georgia or business interests may create additional complications. Different states have their own rules, and handling business succession can become tricky without the right legal tools in place.
Common Myths About Dying Without a Will in Georgia
“Everything Will Automatically Go to My Spouse”
This is only partially true. If you have children, Georgia law splits your assets between your spouse and children, which could lead to unexpected financial strain for your surviving spouse.
“I Don’t Have Much, So It Doesn’t Matter”
Even if you don’t own significant assets, personal items with sentimental value and unresolved debts can create conflict among family members. A will ensures your intentions are clear. Yet, a will may not be enough, or standing alone may not accomplish your wishes.
“My Family Knows What I Would Want”
Unfortunately, informal discussions and verbal agreements hold no legal weight. Without a will, the court cannot honor intentions that aren’t documented.
The Real Impact of Dying Without a Will
Delays and Court Intervention
When you die without a will, things don’t automatically sort themselves out. Your family has to go through the probate process, during which the court may appoint someone to manage your estate. This can delay asset distribution by months and add thousands of dollars in additional expenses, depleting the assets of the estate.
Family Disputes
Without clear instructions, conflicts often arise over who should manage your estate or how assets should be divided. This is especially common in blended families or among estranged relatives.
What You Can Do to Protect Your Family
Take control of your estate today with these key steps:
Step 1: Create a Basic Will
A will allows you to:
- Designate who will inherit your assets.
- Name guardians for minor children.
- Appoint an executor to settle your estate.
A simple will can save your family significant stress and uncertainty in the future.
Step 2: Explore Additional Tools
Depending on your situation, other estate planning tools, such as trusts, healthcare directives, and powers of attorney, may be ideal for protecting your assets and ensuring your wishes are respected.
Step 3: Consult an Estate Planning Attorney
Georgia’s intestate laws are unique and can vary based on your specific circumstances. Speaking with an experienced estate planning attorney ensures your estate plan aligns with both Georgia law and your personal goals.
FAQs About Dying Without a Will in Georgia
Q: Who gets custody of my children if I die without a will?
A court will appoint a guardian for any minor children. This decision may not align with your personal preferences.
Q: Can my unmarried partner inherit my assets?
No, Georgia law does not grant inheritance rights to unmarried partners. Only legal spouses and blood relatives are recognized.
Q: What happens to my debt?
Your estate is responsible for settling any outstanding debts. Only after debts are paid will the remaining assets be distributed.
Q: Will the state take my assets if I have no family?
Yes, if no eligible relatives are found, your assets will go to the state of Georgia. This is rare, but it can happen.
Q: How long does probate take without a will?
The probate process can take months, often ranging from six months to over a year, depending on the complexity of the estate.
Take Control of Your Legacy Today
You’ve worked hard to build a life for yourself and your loved ones. Don’t leave the future up to chance. Chandler Law can help you protect your family and assets with a plan tailored to your needs.
