When someone dies without a will in Georgia, that person is said to have died “intestate.”
For those with large estates, dying intestate can lead to squabbling among family members, particularly where the estate is illiquid and assets must be sold to be equally distributed.
Many celebrities and influential figures, including Prince, Jimi Hendix, Martin Luther King Jr. and countless others, have died without wills, often locking their estates in legal battles that can last years and sometimes decades.
How is an Estate Distributed if Someone Dies without a Will in Georgia?
When a person dies without a will, the estate goes through probate court. An administrator will be appointed, and then all of the decedent’s debts and administration expenses must be paid by the estate. After all debts and expenses are paid, the remaining estate assets will be distributed according to Georgian inheritance law.
What is Inheritance Law?
State inheritance laws (often called the “law of descent and distribution,” determine who inherits from a person who dies without a will. Inheritance law varies from country to country and state to state. Georgia’s inheritance laws are found in Title 53 of the Official Code of Georgia..
According to Georgia inheritance law, if the descendant has a spouse but no child, the spouse inherits everything. If they have one child, the spouse and child split the inheritance equally, and if they had more than one child, the spouse gets one-third, and the children split the rest equally.
If the descendant had neither spouse nor children, the estate will be split among any surviving relatives based on their degree of closeness. If spouses and biological and adopted children are in the first degree, then parents are in second degree, siblings, then nieces and nephews are in the third degree, grandparents in the fourth, and aunts and uncles in the fifth.
If there are no heirs from those categories of kinship, Georgia’s law provides an algorithm for determining the closest of kin.
What Disputes Arise from Intestate Estates?
Intestate estates often involve legal disputes. This is especially true if there are complicating matters, such as when the estate is continuing to generate revenue, the decedent has a lifelong partner they never married, or where there are unexpected parentage claims.
If an individual wishes to make a claim to inherit from a decedent who died intestate and is not recognized by the administrator as an heir of the decedent, they may have to file a petition asking the probate court to determine the decedent’s rightful heirs.
Premier Fiduciary Litigators for the State of Georgia
Those who believe they may be entitled to an inheritance should consult a lawyer for their litigation needs. The attorneys at Gaslowitz Frankel LLC have represented clients for some of the most lucrative inheritance cases in the state of Georgia.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts. Fill out our contact form for a free consultation.
