Not everyone in Georgia leaves a plan for distributing their estate after they are gone. This is called dying intestate. In such cases, the state’s intestacy laws will determine how the deceased’s property shall be split.
First things first, the estate will go through probate, a court process that settles the deceased’s outstanding debts and taxes before distributing the remaining assets among the heirs. The court will appoint an executor to oversee this. Here is how the distribution works.
Who gets what?
Georgia follows a specific order of priority for distributing the deceased’s property if they died intestate, as outlined below.
- If the deceased was married with no children, the spouse inherits everything.
- If the deceased is survived by a spouse and children, the estate is split equally between them. That said, the spouse is guaranteed at least one-third of the estate, even if there are many children.
- If there are children but no spouse, the children inherit everything equally.
- If there is no spouse or children, the estate goes to the next closest relatives, such as parents, siblings, nieces, or nephews.
- If there are no living relatives, the estate eventually becomes the property of the State of Georgia. That said, courts make reasonable efforts to locate relatives before transferring the estate to the state.
It’s also worth noting that not all assets pass through probate. For instance, if the deceased had life insurance with named beneficiaries or property held in joint tenancy with rights of survivorship, these assets go directly to the specified individuals without a court process.
Why planning matters
Dying intestate can lead to delays, family disagreements and unnecessary bureaucracies. Additionally, the distribution may not reflect what you wanted. It underscores the importance of having a clear and legally valid estate plan in place.
If you don’t have a will yet or a strategy for how your assets should be handled when you die, now is the time to start. Seeking legal guidance can help you navigate the process effectively while avoiding mistakes that could jeopardize your legacy or complicate matters for your loved ones.