Georgia Inheritance Law: What Happens to Your Property?

Georgia inheritance law dictates how your property will be distributed after your death, particularly if you die without a will (intestate). Understanding the nuances of these laws can help you make informed decisions about estate planning and ensure that your wishes are respected.

In Georgia, if a person passes away without a will, the state's intestate succession laws come into play. These laws specify a hierarchy of heirs who will inherit the deceased's property. Generally, the order of inheritance is as follows:

• Surviving Spouse: If the deceased was married, the surviving spouse typically inherits the majority of the property. If there are no children, the spouse may inherit everything.
• Children: If the deceased leaves behind children, the estate will be divided among them and the surviving spouse. If there are no children, but the deceased has living parents, the spouse will receive one-half of the estate and the parents will inherit the other half.
• Parents: In the absence of a spouse and children, the deceased's parents will receive the estate.
• Siblings and Their Descendants: If no immediate family is found, siblings may be next in line, followed by their children.
• More Distant Relatives: If none of the above heirs exist, the estate may go to more distant relatives, such as grandparents, aunts, uncles, and cousins.

It is crucial to note that Georgia does not recognize common law marriages. Therefore, partners who were living together without a formal marriage will not be entitled to inherit under Georgia law.

If the deceased had a will, the distribution of property would follow the terms laid out in that document. In Georgia, a valid will can specify any heir, or even organizations as beneficiaries. To ensure that a will is legally binding, it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals.

Another essential aspect of Georgia inheritance law is the distinction between probate and non-probate assets. Non-probate assets, such as life insurance policies or retirement accounts, pass directly to the designated beneficiaries without going through the probate process. Understanding the nature of your assets is important for effective estate planning.

For those looking to avoid the complexities of intestate succession, establishing a trust can also be a viable alternative. Setting up a living trust allows you to specify how your assets should be distributed without the need for probate, making the process faster and less expensive for your heirs.

In conclusion, understanding Georgia inheritance law is vital for effective estate planning. Whether you opt for a will or trust, or if you want to educate yourself about how intestate succession impacts your heirs, taking proactive steps can significantly influence how your assets are handled after your death. Consulting with an estate planning attorney can further clarify your options and ensure that your property is distributed according to your wishes.