What Happens to Your Estate if You Die Intestate in Georgia?

When someone passes away without a valid will, they are said to have died intestate. In Georgia, the laws of intestacy determine how the deceased person's estate will be distributed. Understanding this process is vital for those wishing to plan their estate effectively or for individuals navigating the complexities of a loved one’s estate after their passing.

Under Georgia law, if you die intestate, your estate will be divided according to the state's laws of intestate succession. This means that your assets will be distributed to your closest relatives, and the order of distribution is predetermined by the law.

Here are the key points about intestate succession in Georgia:

• Spouse and Children: If you are survived by a spouse and children, the spouse will receive one-third of the estate, while the remaining two-thirds will be distributed equally among the children. If a child has predeceased you, their share will typically pass to their children (your grandchildren).
• Children Only: If you have children but no spouse, then your entire estate will go to your children, divided equally among them.
• Spouse Only: If you have a spouse but no children, your spouse will inherit the entire estate.
• Extended Family: If you die without a spouse or children, your estate will next go to your parents. If your parents are deceased, the estate will pass to your siblings. In the absence of siblings, the estate may go to nieces or nephews, followed by more distant relatives such as grandparents and aunts or uncles.
• No Living Relatives: If you die without any living relatives, your estate will escheat, meaning it will revert to the state of Georgia.

It's important to note that assets held in joint tenancy or assets with designated beneficiaries, such as life insurance policies or retirement accounts, are not governed by intestate succession laws. These assets will pass directly to the named beneficiaries or co-owners, regardless of your intestate status.

Additionally, having a comprehensive estate plan, including a will, can significantly ease the process for your loved ones during a difficult time. A valid will allows you to specify how your estate should be distributed, avoiding the uncertainties of intestate succession.

In conclusion, dying intestate in Georgia can lead to unexpected outcomes concerning the distribution of your estate. By understanding these intestate laws, you can take proactive steps to ensure that your wishes are honored and that your loved ones are taken care of according to your preferences.