When a person dies without leaving a will, their estate passes to their heirs at law. These heirs are determined by the state’s laws of intestacy, which set out the order in which relatives are entitled to inherit. In the state of Georgia, the laws of intestacy provide for a specific hierarchy of heirs who are entitled to inherit a decedent’s estate.
What are Heirs at Law in Georgia?
Heirs at law are individuals who are entitled to inherit a decedent’s estate when there is no valid will or other estate planning document. In Georgia, heirs at law are determined by the state’s laws of intestacy, which establish a specific hierarchy of relatives who are entitled to inherit.
Who are the Heirs at Law under the State of Georgia?
In Georgia, the heirs at law are determined by the relationship of the decedent to the potential heirs. The following is the order of priority for determining who is entitled to inherit:
- Spouse: If the decedent is survived by a spouse, the spouse is entitled to the entire estate if the decedent has no children or parents.
- Children: If the decedent is survived by children, but no spouse, the children are entitled to the entire estate.
- Parents: If the decedent is survived by parents but no spouse or children, the parents are entitled to the entire estate.
- Siblings: If the decedent is survived by siblings but no spouse, children, or parents, the siblings are entitled to the entire estate.
- Grandparents: If the decedent is survived by grandparents but no spouse, children, parents, or siblings, the grandparents are entitled to the entire estate.
- Next of kin: If the decedent is not survived by any of the above-listed individuals, the estate passes to the next of kin, in order of degree of relationship.
Distribution of the Estate In Georgia
Under Georgia law, the estate is distributed to the heirs at law in equal shares. If any of the heirs at law predecease the decedent, their share is divided equally among their descendants. Consulting with a professional Estate Planning Attorney in Gwinnett County, GA can help bring your own wishes into reality after your passing.
Get Help Today & Consult With An Estate Planning Attorney
Heirs at law play an important role in estate matters, especially when there is no will or a will is invalid. In Georgia, the determination of heirs at law is guided by intestacy laws, which specify a clear order of inheritance. While these laws provide a default framework for estate distribution, it’s essential for individuals to engage in estate planning to have more control over how their assets are distributed. We will offer you the support and guidance you need at Hurban Law.
The Information On This Website Is For General Information Purposes Only. Nothing On This Or Associated Pages, Documents, Comments, Answers, Emails, Or Other Communications Should Be Taken As Legal Advice For Any Individual Case Or Situation. This Information On This Website Is Not Intended To Create, And Receipt Or Viewing Of This Information Does Not Constitute, An Attorney-Client Relationship.
