It’s not a comfortable topic, but it’s one every Georgia resident should understand: what happens to your property, your money, and the care of your children if you die without a will?
When someone passes away without a valid will, the law calls it dying “intestate.” In Georgia, intestate succession laws — found in O.C.G.A. § 53-2-1 — establish a rigid set of rules for how assets are distributed. The Probate Court steps in, appoints an administrator to manage the estate, and distributes everything according to a statutory hierarchy. Your personal wishes, your relationships, and the specific needs of your family members are not part of the equation. The law simply follows a formula.
For many Georgia families, the results are surprising — and not in a good way. This guide explains exactly how Georgia’s intestate succession laws work, who qualifies to inherit, who doesn’t, and why having even a basic estate plan can make all the difference.
Georgia’s Intestate Succession: The Basic Framework
Georgia’s approach to intestate succession is built on a system of “degrees” of relationship to the deceased. The law starts with your closest relatives and works outward. At each level, if there is a surviving relative, the search stops and the estate is distributed to the people at that degree. Only if no one is found at a particular level does the law move to the next.
Here is the order Georgia follows, as set out in O.C.G.A. § 53-2-1:
First degree — Children. If there is no surviving spouse, the deceased’s children inherit the entire estate in equal shares.
Second degree — Parents. If there are no surviving children, grandchildren, or spouse, the deceased’s parents inherit the estate in equal shares.
Third degree — Siblings. If there are no surviving parents, brothers and sisters of the deceased inherit equally. If a sibling died before the deceased but left children of their own (the deceased’s nieces and nephews), those children step into their parent’s place and receive that parent’s share. This principle is known as “per stirpes” distribution.
Fourth degree — Grandparents. If no siblings or descendants of siblings survive, the estate passes to the deceased’s grandparents.
Fifth degree — Aunts and uncles. If no grandparents survive, the estate goes to the deceased’s aunts and uncles. If all aunts and uncles have died, first cousins share the estate equally.
More remote relatives. Georgia law continues to search for relatives, using a mathematical formula based on degrees of kinship to the nearest common ancestor. The law is designed to find virtually anyone who shares a family connection with the deceased before the state claims the assets.
Escheat to the state. Only as an absolute last resort — when no living relative of any degree can be found — does the estate “escheat” to the State of Georgia under O.C.G.A. §§ 53-2-50 and 53-2-51. This is extremely rare, because the law casts an extraordinarily wide net before reaching this point.
It’s worth noting that a relative who lives outside of Georgia still qualifies as an heir. There is no residency requirement. Additionally, Georgia law does not disqualify heirs based on immigration status — relatives are entitled to their intestate share whether or not they are United States citizens or legal residents.
When There Is a Surviving Spouse
How a surviving spouse is treated under Georgia’s intestate succession laws depends entirely on whether the deceased also had children or other descendants (grandchildren, great-grandchildren).
Spouse with no children or descendants: If the deceased is survived by a spouse but has no living children, grandchildren, or other descendants, the surviving spouse inherits the entire estate.
Spouse with children or descendants: If the deceased is survived by both a spouse and one or more children, the estate is divided equally among the spouse and the children, with one important protection: the surviving spouse’s share cannot be less than one-third of the total estate, regardless of how many children there are.
This is a critical point that catches many Georgia families off guard. In most states, the surviving spouse automatically inherits the entire estate, or at least the majority of it. Georgia does not work that way. If you have a spouse and three children and you die without a will, the estate is split four ways — one-quarter to each person. If you have a spouse and five children, the spouse still receives at least one-third, and the remaining two-thirds is divided among the five children.
In practical terms, this can create real problems. Imagine a couple where the family home and a modest bank account are the primary assets. If one spouse dies without a will and there are children, those children — including minor children — become co-owners of the home alongside the surviving spouse. The surviving spouse may need to sell the home or go through a complex legal process just to manage property that the children now partly own. If the children are minors, a conservatorship may be required to manage their share, adding court oversight and expense to an already difficult situation.
Georgia is also notable for being the only state in the country that does not provide a statutory “elective share” for surviving spouses. In most states, if a spouse is disinherited by a will, they can go to court and claim a minimum share of the estate anyway. Georgia does not have this protection. While Georgia does offer a “year’s support” provision (discussed below), the lack of an elective share makes estate planning especially important for married couples in the state.
When There Are Children but No Spouse
If the deceased has no surviving spouse, all children inherit the estate in equal shares. Georgia law uses a per stirpes distribution method, which means that if one of the deceased’s children passed away before them but left children of their own, those grandchildren step into their parent’s place and divide that parent’s share equally among themselves.
For example, suppose the deceased had three children: Child A, Child B, and Child C. Child B died several years ago but has two children of her own. Under Georgia’s intestate succession law, Child A receives one-third of the estate, Child C receives one-third, and Child B’s two children each receive one-sixth (splitting their mother’s one-third share between them).
Which Children Qualify as Heirs?
Georgia law is specific about which children are entitled to an intestate share and which are not. Understanding these distinctions is important, because the results may not match what many families expect.
Biological children. Children born to the deceased during a marriage automatically qualify as heirs.
Adopted children. Children who were legally adopted by the deceased have the same inheritance rights as biological children. There is no distinction under Georgia law between the two. (O.C.G.A. § 53-1-8.)
Children adopted by a spouse. If the deceased’s biological children were adopted by the deceased’s spouse (such as in a stepparent adoption), that adoption does not cut off the child’s right to inherit from the biological parent.
Children placed for adoption. If the deceased placed a child for adoption and that child was legally adopted by another family, that child no longer has inheritance rights from the biological parent.
Children born outside of marriage. A child born outside of a legal marriage can inherit from the mother without any additional requirements. To inherit from the father, paternity must typically be established — either through a court order, the father’s written acknowledgment, the father signing the birth certificate, or other clear and convincing evidence of a parent-child relationship.
Posthumous children. A child who was conceived before the deceased’s death but born afterward can still inherit, provided the child was born within ten months of the death and survived for at least 120 hours after birth. (O.C.G.A. § 53-2-1.)
Foster children and stepchildren. Foster children and stepchildren who were never legally adopted by the deceased do not have any automatic inheritance rights under Georgia’s intestate succession laws. This is an important distinction. No matter how close the relationship, no matter how long the child lived in the home, a foster child or stepchild will not receive anything from the estate unless they are named in a valid will or trust. If you want a stepchild or foster child to inherit, you must put it in writing.
The Slayer Rule and Parental Abandonment
Georgia law includes two important disqualification rules.
The slayer rule. A person who “feloniously and intentionally” kills the deceased forfeits all rights to inherit from that person’s estate. This applies to inheritance under a will, intestate succession, life insurance, and any other transfer triggered by the deceased’s death.
Parental abandonment. Under O.C.G.A. § 53-2-1(d), a parent who willfully abandoned a minor child and maintained that abandonment loses all rights to inherit from the child’s estate and may not serve as the administrator of the child’s estate. Georgia law defines abandonment in this context as failing to communicate with, care for, and provide support for the minor child for a period of at least one year prior to the child’s death. This provision exists to prevent a parent who played no role in a child’s life from benefiting financially from the child’s death.
Georgia’s Year’s Support: A Safety Net for Spouses and Minor Children
Georgia has a unique legal provision called “year’s support” (O.C.G.A. § 53-3-1) that provides an additional layer of protection for surviving spouses and minor children — whether or not a will exists.
Year’s support allows the surviving spouse and minor children to petition the Probate Court to set aside estate property for their maintenance and support for a period of 12 months following the deceased’s death. The award can include cash, real estate, vehicles, investments, personal belongings, and any other property owned by the deceased. The court determines the amount based on what is needed to maintain the standard of living the petitioner had during the deceased’s lifetime.
What makes year’s support particularly powerful in Georgia is its priority. A year’s support award takes precedence over almost all debts of the estate, including unsecured creditors like credit card companies and personal loan holders. The only debts that generally come ahead of year’s support are secured obligations like mortgages and certain tax liens.
This means that if a deceased person’s estate has debts that would otherwise consume most of the assets, a successful year’s support petition can protect the family home and other essential property from being sold to pay creditors.
There are important rules and deadlines to keep in mind. The petition must be filed within two years of the date of death, under O.C.G.A. § 53-3-5. Only the surviving spouse and the deceased’s minor children (under age 18) are eligible. A surviving spouse who remarries before filing loses eligibility. If no one objects to the petition within the notice period — generally 30 days — many probate courts will grant the petition without a hearing. If an objection is filed, typically by adult children or other heirs, the court will hold a hearing to evaluate the petitioner’s financial needs.
Year’s support is an especially useful tool when someone dies without a will. In intestate situations, where the estate would otherwise be divided between the spouse and the children (potentially including minor children who cannot manage property), a year’s support petition can allow the surviving spouse to receive the family home and essential assets without going through full estate administration.
What Assets Go Through Intestate Succession — And What Doesn’t
Not everything a person owned is subject to intestate succession laws. Certain types of assets pass directly to a named beneficiary or co-owner, completely outside of probate and regardless of whether a will exists.
Jointly held property with right of survivorship. If you and another person own property as joint tenants with right of survivorship (or as tenants by the entirety for married couples), the surviving owner automatically takes full ownership when you die. This is common with family homes and joint bank accounts.
Life insurance policies with a named beneficiary. Life insurance proceeds go directly to the named beneficiary on the policy. They do not pass through probate and are not affected by intestate succession laws.
Retirement accounts with a named beneficiary. IRAs, 401(k)s, 403(b)s, and other retirement accounts pass to the person designated on the beneficiary form, not through the will or intestacy.
Payable-on-death and transfer-on-death accounts. Bank accounts with a payable-on-death (POD) designation and investment accounts with a transfer-on-death (TOD) designation pass directly to the named individual.
Property held in a trust. If assets have been transferred into a trust during the deceased’s lifetime, those assets are governed by the trust’s terms, not by intestate succession.
Only assets that were solely in the deceased person’s name at the time of death — with no beneficiary designation, no joint owner, and no trust in place — go through probate and are subject to Georgia’s intestate succession laws.
This is an important planning point. Keeping beneficiary designations up to date on life insurance, retirement accounts, and bank accounts is one of the simplest and most effective ways to ensure that your assets go where you want them to go, regardless of what happens with probate.
The Probate Process When There Is No Will
When someone dies without a will in Georgia, the estate must still go through probate to be formally administered. The process begins when an interested party — typically a close family member — files a petition with the Probate Court in the county where the deceased lived.
The court appoints an administrator to manage the estate. This is similar to the role of an executor under a will, but because there was no will to name someone, the court makes the selection. Georgia law generally gives priority to the surviving spouse or next of kin, but the court has discretion.
The administrator’s responsibilities include identifying and inventorying all estate assets, notifying creditors and giving them an opportunity to file claims, paying legitimate debts and taxes, and distributing the remaining assets to the heirs according to Georgia’s intestate succession laws.
The timeline for this process varies. Uncontested cases typically take 12 to 18 months, though larger or more complicated estates — and certainly those involving disputes among heirs — can take significantly longer. Throughout the process, probate proceedings are public record, meaning anyone can access information about the estate, its assets, and the identity of the heirs.
Who Cannot Inherit Under Georgia’s Intestacy Laws
Several categories of people have no inheritance rights under Georgia’s intestate succession statutes, even if they had a close personal relationship with the deceased:
Unmarried partners. Georgia does not recognize common-law marriage and does not provide inheritance rights to unmarried domestic partners. If you want a partner to inherit from your estate, you must do so through a will, trust, or beneficiary designation.
Friends. No matter how close the relationship, friends have no legal claim to an intestate estate.
Stepchildren and foster children who were not legally adopted. As discussed above, these individuals are excluded from intestate succession entirely.
Charities and organizations. You cannot leave assets to a charity, church, school, or nonprofit organization through intestate succession. Only a will or trust can accomplish this.
In-laws. A son-in-law, daughter-in-law, or other in-law relative has no inheritance rights under Georgia’s intestacy laws.
If any of these people or organizations are important to you — if you want them to receive a portion of your estate — the only way to make that happen is through deliberate estate planning.
Why Having a Will or Estate Plan Matters
Georgia’s intestate succession laws exist as a safety net, but they are a blunt instrument. They cannot account for your specific family relationships, your personal preferences, the unique needs of your loved ones, or the particular mix of assets you’ve accumulated over your life.
A will allows you to decide who receives your property, in what amounts, and under what conditions. It lets you name a guardian for your minor children — something intestate succession cannot do. It lets you name an executor you trust rather than leaving that decision to the court. It lets you include people like stepchildren, unmarried partners, friends, and charities who would otherwise receive nothing.
A more comprehensive estate plan — one that might include trusts, powers of attorney, healthcare directives, and coordinated beneficiary designations — goes even further. It can help your family avoid probate entirely, protect assets from creditors, plan for incapacity, reduce tax exposure, and provide long-term financial management for beneficiaries who may not be ready to handle a large inheritance on their own.
The cost and effort of creating an estate plan is modest compared to the confusion, expense, and potential family conflict that can follow when someone dies without one.
How Yeom Baek Can Help
At Yeom Baek, we help Georgia families understand their options and build estate plans that actually reflect their wishes. Whether you need a straightforward will or a more comprehensive plan that includes trusts and other tools, our experienced estate planning attorneys work with you to create a plan tailored to your family, your assets, and your goals.
Our services include:
- Wills and trusts customized to your family structure
- Guardianship designations for minor children
- Year’s support petition guidance
- Probate administration and estate settlement
- Beneficiary designation review and coordination
- Powers of attorney and healthcare directives
Don’t leave your family’s future to Georgia’s default rules. Contact Yeom Baek today to schedule a consultation and take the first step toward an estate plan that protects the people who matter most to you.
At Yeom Baek, we prioritize your family’s future. Schedule your estate planning consultation today and take control of your legacy.
This blog post is for general informational purposes only and does not constitute legal advice. Georgia’s inheritance and probate laws are complex and may change. For guidance specific to your situation, please consult with a qualified estate planning attorney licensed in Georgia.
