Disclaimer: This article provides general information and is not legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
When someone dies without a valid will in Georgia, the Probate Court applies the state’s intestate succession laws to identify heirs. These rules appear in O.C.G.A. § 53-2-1 through § 53-2-15 (Georgia Code Article 2).
Follow these steps to determine your father’s intestate heirs:
- Verify intestacy. Confirm that your father left no will or that a will is invalid under Georgia law. If a will exists and names heirs, intestate succession does not apply.
- Identify a surviving spouse. Under O.C.G.A. § 53-2-3 (§ 53-2-3), a surviving spouse often receives all or part of the estate: 1) Entire estate if there are no surviving descendants or parents; 2) One-half if there are descendants all of whom are children of the surviving spouse; or 3) One-third if there are descendants who are not children of the surviving spouse.
- List descendants (children and grandchildren). Georgia law distributes the portion not passing to a spouse equally to children by blood or adoption (O.C.G.A. § 53-2-2). Adopted children have the same rights as biological children. Stepchildren and foster children have no inheritance rights unless they were legally adopted.
- Check for more remote heirs. If no spouse or descendants survive, the law directs assets to parents, then to siblings or their descendants, and then to more distant relatives, including grandparents, aunts, uncles, and cousins (O.C.G.A. § 53-2-4).
- Ascertain per stirpes distribution. When a child predeceases your father but leaves descendants, that branch inherits “per stirpes,” meaning each family line shares equally.
- Obtain certified documents. Gather birth certificates, marriage certificates, adoption records, and death certificates to prove relationships.
- File a petition for administration. In the appropriate Probate Court, file for letters of administration. The court clerk identifies heirs using the evidence you supply and issues letters to the administrator, who then distributes assets under Georgia law.
Helpful Hints
- Start by ordering a certified copy of your father’s death certificate.
- Search public records for a will, even if family members lack knowledge of one.
- Use a family tree worksheet to track each potential heir and their relationship.
- Contact the Probate Court clerk’s office in the county where your father lived for guidance on required forms.
- Consider hiring a probate attorney if the heirship is complex or if disputes arise.
- Keep meticulous records of all communications and documents submitted to the court.
- Remember that adopting an heir changes the inheritance chain.