Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Intestate Succession under Georgia Law
When someone dies without a will in Georgia, their property passes by intestate succession. Under O.C.G.A. § 53-2-2, the decedent’s assets flow to heirs in a set order. If a decedent leaves minor children but no spouse, the entire estate usually goes to those children.
2. Appointment of an Estate Administrator
The probate court in the county where the decedent lived appoints an administrator for the estate (O.C.G.A. § 53-3-2). The administrator gathers assets, pays debts, and distributes property according to intestate rules. The administrator also handles minors’ shares until the court appoints a guardian for the minor’s estate.
3. Appointment of a Guardian of the Minor’s Estate
Georgia law requires the court to appoint a guardian to manage any minor’s inheritance. Under O.C.G.A. § 29-2-2, a parent or other interested party petitions the probate court. Once approved, the guardian holds legal title and must act in the child’s best interest.
4. Uniform Transfers to Minors Act (UTMA) Accounts
Georgia adopted the Uniform Transfers to Minors Act (O.C.G.A. § 44-12C-1 et seq.). An adult custodian can hold and manage assets in a UTMA account without full guardianship. When the minor reaches age 21, the custodian must transfer the property to the former minor.
5. Court Supervision and Bond Requirements
The court supervises guardians and administrators. Georgia law often requires bonds to protect the minor’s inheritance from mismanagement (O.C.G.A. § 53-3-1). The court can adjust bond amounts and require regular accounting to ensure transparency.
Helpful Hints
- Start probate promptly to meet Georgia’s filing deadlines.
- Discuss bond options with your probate court clerk.
- Consider a UTMA account for smaller inheritances to avoid full guardianship.
- Keep detailed records and receipts for all estate transactions.
- Review once-minor’s needs regularly and petition the court for adjustments if necessary.
- Consult a licensed probate attorney to navigate local court procedures.