Who Inherits If You Die Without a Will in Georgia
Georgia's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. O.C.G.A. § 53-2-1
| Who inherits without a will | If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. With no spouse: children (or their descendants), then parents, then siblings (or nieces and nephews), then grandparents, then aunts and uncles (or first cousins), then more distant relatives. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. § 53-2-1 |
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| Surviving spouse's share | Instead of a percentage elective share, Georgia provides year's support: the surviving spouse and minor children may petition the probate court to set aside property for their support for 12 months after the death, whether or not there is a will. Year's support is paid ahead of most other debts. The petition must be filed within 24 months after the date of death. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. §§ 53-3-1, 53-3-5 |
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FAQ
Who inherits if someone dies without a will in Georgia?
If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. With no spouse: children (or their descendants), then parents, then siblings (or nieces and nephews), then grandparents, then aunts and uncles (or first cousins), then more distant relatives.
What is a surviving spouse entitled to in Georgia?
Instead of a percentage elective share, Georgia provides year's support: the surviving spouse and minor children may petition the probate court to set aside property for their support for 12 months after the death, whether or not there is a will. Year's support is paid ahead of most other debts. The petition must be filed within 24 months after the date of death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.