If you die without a will in Georgia, state law – not your wishes – determines who inherits your property. The law calls this process intestate succession. Under this arrangement, the law follows a fixed order that may not reflect what you would have chosen for your spouse, children or other family members.
Estate planning tools that can help avoid intestate succession
To give your family greater certainty and help you carry out your wishes are carried out, these tools can help you when planning your estate in Georgia:
- Revocable living trust: You can transfer assets to a trust during your life so that you can retain control over them, while you are alive. After your death, the trust can distribute those assets to the beneficiaries you name, generally without going through a probate.
- Property ownership registrations: Using accounts and titles such as payable on death (POD) bank accounts, transfer on death (TOD) brokerage accounts and joint tenancy title deeds to let ownership of named assets pass automatically to your chosen surviving co-owner or beneficiary upon your death, rather than going through your estate.
Georgia estate planning rules can be complex, particularly when families have blended households, minor children or significant assets involved.
Taking the next step
Making a will and other arrangements will help in reducing conflicts between family members and provide greater control over how you distribute your estate. If you are unsure how Georgia’s inheritance rules apply to your situation, consider speaking with a Georgia estate planning attorney about your options.
