Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Georgia for guidance on wrongful death claims.
Detailed Answer
Under Georgia law, wrongful death proceeds pass through the deceased’s estate. The court awards damages to a personal representative, who then distributes funds to heirs according to state statutes.
1. Appoint a Personal Representative
File a petition in probate court to appoint a personal representative. This person manages the estate, settles claims and handles distribution.
2. File the Wrongful Death Claim
Georgia law requires you to file a wrongful death lawsuit within two years of the date of death. See O.C.G.A. § 9-3-33. After filing, pursue settlement or judgment.
3. Deduct Expenses and Liens
Before distribution, deduct court costs, attorney fees, funeral and medical expenses, and any valid liens against the estate.
4. Distribute Proceeds to Heirs
After deductions, distribute remaining proceeds according to Georgia’s wrongful death and intestate succession statutes:
- Primary beneficiaries – spouse and children share equally.
- If no spouse, divide equally among children.
- If no spouse or children, parents inherit equally.
- If no parents, siblings or their descendants inherit.
See O.C.G.A. § 51-4-2 (wrongful death beneficiaries) and O.C.G.A. § 19-7-1 (intestate succession) for full details.
Helpful Hints
- Act promptly: file within two years of the death.
- Gather key documents: death certificate, bills and receipts.
- Keep detailed records of all estate transactions.
- Notify all potential heirs early to reduce disputes.
- Work with an attorney to navigate complex probate and distribution rules.