The passing of a loved one is undoubtedly a difficult time for family and friends. When someone dies, it’s important to have a plan in place to make sure their assets and estate are handled according to their wishes. In Georgia, as in many other states, the absence of a will can complicate matters. We’ll explore what happens when someone dies without a will in Georgia, shedding light on the legal process and potential implications for the deceased’s estate.
Intestate Succession in Georgia
When a person dies without a will, they are said to have died “intestate.” In such cases, Georgia law provides guidelines for distributing the deceased person’s assets among their heirs. The specifics of these rules are known as “intestate succession.”
- Spouse’s Share: If the deceased person was married and had no children, their surviving spouse typically inherits everything. If they had children with their spouse, the spouse still inherits a significant portion, but the remainder is divided among the children.
- Children’s Share: If the deceased had children but no surviving spouse, the children inherit everything equally. If some of the children are deceased but have their own descendants, the deceased child’s share is divided among their descendants.
- Parents’ Share: In the absence of a surviving spouse or children, the deceased person’s parents may inherit their estate.
- Siblings and More Distant Relatives: If there are no surviving spouse, children, or parents, the law outlines a hierarchy of potential heirs, including siblings, nieces, nephews, and more distant relatives.
The Probate Process in Georgia
When someone dies without a will, their estate typically goes through the probate process. Probate is the legal procedure for validating a deceased person’s will or determining the distribution of their assets in the absence of a will. Here’s an overview of the probate process in Georgia:
- Petition for Letters of Administration: A family member or other interested party typically initiates the probate process by filing a petition with the probate court to request that an administrator be appointed.
- Notice to Heirs and Creditors: Notice of the probate proceedings must be given to heirs, beneficiaries, and creditors to allow them an opportunity to make claims against the estate.
- Inventory and Appraisal: The administrator must create an inventory of the deceased person’s assets and have them appraised. This provides an accurate valuation of the estate.
- Debts and Taxes: Outstanding debts and taxes are paid from the estate’s assets.
- Distribution of Assets: After debts, taxes, and administrative expenses are settled, the remaining assets are distributed to the heirs according to the rules of intestate succession.
Get Help Today & Consult With An Estate Planning Attorney
Dying without a will in Georgia can lead to a potentially complex legal process, as state law dictates how the deceased person’s assets will be distributed among their heirs. To ensure that your assets are distributed according to your wishes and to simplify the process for your loved ones, it’s advisable to create a comprehensive and legally valid will. We will offer you the support and guidance you need at Hurban Law.
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