Understanding Intestacy Rules in Georgia When No Valid Will Exists
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney in Georgia for advice on your specific situation.
Detailed Answer
In Georgia, when a person dies without a valid will, intestacy laws guide the distribution of assets. The probate court first confirms that no will appears in the decedent’s estate file. Under O.C.G.A. § 53-2-1, the estate passes as if there were a will naming the heirs set by statute.
Consider a hypothetical: Jane, age 75, a Georgia resident, dies intestate survived by her spouse and two children. The court will allocate her estate as follows:
- The surviving spouse receives the first $33,333.33 of the net estate plus one-third of the remaining property, per O.C.G.A. § 53-2-2(b).
- The two children share the remaining two-thirds of the estate equally, per O.C.G.A. § 53-2-2(b).
If no spouse survives, the entire estate goes to descendants in equal shares under O.C.G.A. § 53-2-3. If there are no descendants or spouse, the estate passes to parents, then siblings, and more distant kin according to O.C.G.A. § 53-2-5.
Helpful Hints
- Identify potential heirs: start with spouse, children, parents, siblings.
- Gather key documents: death certificate, asset records, titles.
- File a petition for letters of administration in the probate court of the decedent’s county of residence.
- Keep clear records of estate expenses, assets, and distributions.
- Consult a probate attorney to navigate filings and deadlines.