Detailed Answer — Your core rights and what you can do next

Short answer: As a surviving spouse in Georgia who faces family members excluding you from decisions after your spouse died intestate (without a will), you still have strong statutory rights. These typically include inheritance rights under Georgia’s intestacy rules, the right to seek appointment as the estate administrator, rights to certain allowances and exempt property, and the right to ask the probate court to stop or remedy wrongful conduct by others. You must act promptly and use probate court procedures to enforce those rights.

1. Intestate succession — how the estate is distributed

When someone dies without a will in Georgia, the state’s intestacy laws determine who inherits. A surviving spouse is always a primary heir. The exact share the spouse receives depends on whether the decedent left descendants and whether those descendants are also descendants of the surviving spouse.

Read the Georgia intestacy rules (Title 53 of the Georgia Code) for full details: Georgia Code (Georgia General Assembly) — Georgia Code and the intestacy chapter summaries: Georgia Code, Title 53 (Descent and Distribution) — Justia (statute text).

2. Right to be appointed personal representative (administrator)

The probate court appoints a personal representative (sometimes called an administrator) to handle estate administration when there is no will. As the surviving spouse, you are generally first in priority to be appointed. If family members have already taken control of assets or made decisions, you can file immediately with the probate court in the county where the decedent lived to request Letters of Administration.

Probate courts oversee estate administration and can remove or replace administrators who act improperly. For information about probate courts in Georgia: Georgia Courts — Probate Courts.

3. Immediate protective rights — allowances and exempt property

Georgia law protects certain amounts and property for the surviving spouse and minor children. Typical protections include a homestead or family allowance, exempt personal property, and priority for certain asset distributions while the estate is settled. These protections exist to prevent a surviving spouse from being left destitute while probate proceeds.

4. Remedies when family cuts you out

If family members exclude you from decisions, remove you from the home, hide assets, or otherwise interfere with administration, you have several remedies:

• File for appointment as administrator (Letters of Administration) and ask the court to enjoin others from disposing of estate property.
• File a petition in probate court asking the court to order an inventory, accounting, and return of wrongfully taken property.
• Move to remove an administrator or personal representative for bad faith, self-dealing, or failure to perform duties.
• Seek emergency relief (temporary restraining order or preliminary injunction) in probate court if assets are at imminent risk.
• In some cases, pursue claims in civil court for conversion (wrongful taking) or other tort remedies if family members stole property.

5. Evidence and documentation you will need

To enforce your rights, collect evidence right away. Important items include your marriage certificate, the decedent’s death certificate, deeds/titles, bank account statements, insurance policies, and any written communications showing the family’s control or exclusion of you.

6. Court process and timeline

You start by filing a petition for probate/appointment of an administrator in the probate court of the county where your spouse lived. The court will set hearings, require notice to interested persons, and direct administrators to file inventories and accountings under court supervision. Procedures and timeframes vary by county and case complexity, so act quickly to preserve rights and evidence.

7. When to involve a lawyer

Probate can be straightforward but becomes complicated where family members fight, assets are missing, or there is suspected misconduct. A probate attorney can help you file the correct petitions, request emergency relief, gather documentation, and represent you at hearings. If you cannot afford a lawyer, ask the probate court clerk about local resources or legal aid organizations.

Relevant Georgia legal resources and statutes

• Georgia Code — general repository: https://www.legis.ga.gov/legislation/georgia-code
• Descent and distribution (intestacy rules), Title 53: https://law.justia.com/codes/georgia/2020/title-53/ (statute text)
• Georgia Courts — probate courts information: https://www.georgiacourts.gov/probate-courts/

Bottom line: You do not lose your legal standing just because family members try to exclude you. Georgia law gives surviving spouses priority rights to inherit and to administer the estate. Use the probate court process to claim those rights quickly. If family members are taking or hiding assets or preventing you from participating, file in probate court right away and consider getting an attorney to help obtain emergency relief.

Disclaimer: This article explains general Georgia law and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Georgia probate or estate attorney.

Helpful Hints — Practical steps and tips for surviving spouses

• Act quickly: file for Letters of Administration in the decedent’s county probate court as soon as possible.
• Gather key documents: marriage certificate, death certificate, asset paperwork, insurance policies, titles, bank statements, and any emails/texts about estate matters.
• Document interference: keep notes, dates, and photos if family members remove property or change locks; this can support emergency court relief.
• Preserve evidence: do not destroy or hide possible estate assets. Let the court handle disputed property.
• Request court-ordered inventory and accounting to reveal hidden or mismanaged assets.
• Ask for temporary relief if assets are in danger—probate courts can freeze accounts or block transfers pending resolution.
• Contact the probate court clerk for procedural guidance and local filing requirements (filing fees, forms, and notice rules vary by county).
• Consider a consultation with a probate attorney even if you plan to do some tasks yourself—many offer limited-scope help or initial phone consults.
• Check for survivor benefits (Social Security, pensions, life insurance) and make claims promptly—these may pass outside probate but are important to secure.
• If you cannot afford a private attorney, reach out to legal aid groups or the local bar association’s referral service for low-cost options.