Too many people don’t get around to creating a will before they die. Some put it off until it’s too late. Others assume their family will simply divide their property and other assets among themselves after they’re gone.
In fact, when a person dies without a will (“intestate”), state law determines how their assets are divided. While close family members typically do get the bulk of the assets, the law doesn’t go into specifics about who gets what. That can lead to family conflict, whether a coveted asset is a boat or a cookie jar that’s been handed down through generations.
Further, the law addresses only people related by blood, marriage or adoption based on the familial relationship – not how close the deceased actually was to them. Further, non-profit organizations and other causes the deceased supported and might have liked to leave something to aren’t part of intestacy laws.
How does Georgia’s intestacy law work?
If a person leaves behind a spouse, but no descendants (children or grandchildren), the spouse inherits everything. Note that this applies only if the deceased and their spouse were still legally married – not to former spouses.
If someone leaves a spouse and children, the spouse splits the estate with the children, with the spouse entitled to at least a third of it. If any of the children have already passed away, their children split their deceased parent’s share of the inheritance.
If there’s no surviving spouse, “the heirs shall be those relatives…who are in the nearest degree to the decedent.” For example, children would be first, followed by the deceased’s surviving parent(s), siblings (or their children if they’re no longer alive), grandparents, aunts and uncles and so on along the family tree.
If someone dies with no close relatives surviving them, their entire estate could go to a cousin they never met. If not even a distant relative can be located, their assets go to the state.
While no one likes to contemplate what will happen after they’re gone, having key estate plan documents in place can be a gift to loved ones, regardless of how many assets there are to inherit. With experienced legal guidance, Georgia residents can craft an estate plan that meets their and their family’s unique needs.
