Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Understanding Intestate Succession in Georgia
When someone dies without a valid will in Georgia, the court follows intestacy laws under the Official Code of Georgia Annotated (O.C.G.A.) to identify, inventory, and distribute both real property (land and buildings) and personal assets (tangible and intangible items).
1. Identifying and Collecting Assets
The personal representative (often called an administrator) locates all of the decedent’s assets, including:
- Real property: Homes, land parcels, mineral rights, and any other interests in real estate.
- Personal property: Bank accounts, vehicles, jewelry, furniture, stock certificates, retirement accounts, life insurance payable to the estate, and business interests.
The administrator notifies known creditors and may publish notice to unknown creditors under O.C.G.A. § 53-7-60 (link).
2. Inventory and Appraisement
Within six months of appointment, the administrator must file an inventory listing all real and personal property and their fair market values. This requirement appears in O.C.G.A. § 53-7-50 (link). The steps are:
- List each asset with a description and location.
- Obtain appraisals for real property and valuable personal property.
- File the sworn inventory with the superior court clerk.
3. Paying Debts, Expenses, and Allowances
The estate settles valid debts, funeral expenses, administrative costs, and any family allowances under O.C.G.A. § 53-2-1.1 (link). Only after these obligations clear does distribution begin.
4. Distribution Under Intestacy
Georgia’s statutory order of distribution in O.C.G.A. § 53-2-1 (link) determines who inherits:
- Surviving spouse and descendants: If all children are also the spouse’s, the spouse inherits everything. If some children are from another relationship, the spouse receives the first $45,000 plus half of the remaining estate; the rest is divided equally among all children.
- No spouse or children: The parents inherit everything. If parents are deceased, the estate passes to siblings, then nieces and nephews.
- No close blood relatives: Extended family such as grandparents or more remote kin inherit under O.C.G.A. § 53-2-2 (link), and ultimately the state (escheat) if no heirs exist.
Real property passes through the same rules. The administrator transfers title by delivering a deed or affidavit of distribution, then records it in the county where the property sits.
Helpful Hints
- Confirm asset ownership and values early to avoid delays in distribution.
- Consult the clerk of superior court in the county where the decedent resided for local procedural rules.
- Keep detailed records of each inventory and appraisal to satisfy court audits.
- Remember that certain pension and retirement accounts may pass outside probate.
- Seek guidance from a probate attorney to navigate complex family situations or mixed-ownership property.