Understanding Intestate Succession in Georgia Without a Will
If someone dies without a will, Georgia’s intestate succession laws determine who inherits the estate.
Detailed Answer
Georgia Intestate Succession Overview
Under Georgia law, when a person dies intestate (without a valid will), the court distributes assets according to O.C.G.A. § 53-2-1. Intestate succession prioritizes certain relatives in a specific order: spouse, children, parents, siblings, and so on.
No Spouse and Two Children
If a decedent leaves no surviving spouse and has two surviving children, Georgia law divides the entire estate equally between the children. Each child receives a 50% share. This rule comes from O.C.G.A. § 53-2-2.
Opening an Estate and Administration
To transfer assets, a family member or representative files a petition for letters of administration in the probate court. The appointed personal representative gathers assets, pays debts, and distributes property according to the statute.
Helpful Hints
- Confirm heirship: Verify each child’s legal status, including adoption or paternity.
- Gather documents: Compile bank statements, deeds, insurance policies, and bills.
- File promptly: Submit a petition for administration in the probate court of the county where the decedent lived.
- Seek guidance: Consider consulting a probate attorney for complex assets or disputes.
- Keep records: Maintain detailed logs of distributions and expenses for transparency.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.