What Happens When Someone Dies Without a Will?
When someone dies without a valid Last Will and Testament, their family may be left with important questions: Who inherits the estate? Who is responsible for handling the assets? Does the estate still have to go through probate?
In Georgia, dying without a valid will is known as dying intestate. Georgia’s intestacy laws generally determine who inherits probate property, while the probate court may appoint an administrator to manage the estate.
At Hoffman & Associates, our attorneys help families, heirs, and estate administrators understand the Georgia probate process and navigate the legal, financial, and tax issues that can arise when someone dies without a will.
What Does It Mean to Die Intestate in Georgia?
When a Georgia resident dies without a valid will, the individual is considered to have died intestate.
Instead of following instructions in a will, the distribution of probate assets is governed by Georgia’s intestacy laws.
These laws establish which relatives are entitled to inherit and in what proportions. The result may be very different from what the deceased person would have chosen.
This is one reason creating an estate plan is so important: without one, state law effectively provides the default plan.
Who Inherits When There Is No Will in Georgia?
Who inherits an intestate estate depends on which family members survive the deceased person.
Depending on the family structure, potential heirs may include:
- A surviving spouse
- Children and descendants
- Parents
- Siblings and their descendants
- Other relatives as provided under Georgia law
The exact distribution can become complicated when there are multiple children, deceased descendants, blended families, half-siblings, adopted children, or other family circumstances.
An attorney can help identify the legal heirs and determine how Georgia’s intestacy rules apply to a particular estate.
What If There Is a Spouse and Children?
When a person dies intestate in Georgia leaving both a surviving spouse and descendants, Georgia law provides rules for dividing the intestate estate among them.
The calculation can depend on the number of surviving descendants and other circumstances.
Because these rules may not produce the result a family expects, it is important to determine the legal distribution before transferring or distributing estate property.
What If There Are No Children?
If someone dies without descendants, the distribution of the probate estate depends on which other relatives survive.
For example, the surviving spouse may have different inheritance rights when there are no descendants. If there is no surviving spouse or descendants, other relatives may inherit according to Georgia’s statutory order of inheritance.
The family relationship alone should not be used to assume who legally owns estate property. The applicable intestacy rules should be reviewed first.
Who Handles the Estate If There Is No Executor?
A will typically nominates an executor to administer the estate.
When there is no will, there is no named executor. Instead, an appropriate person may petition the probate court to be appointed as the estate’s administrator.
Once legally appointed, the administrator can receive authority to handle estate matters according to Georgia law and the orders of the probate court.
The administrator’s responsibilities may include:
- Identifying heirs
- Locating estate assets
- Protecting estate property
- Maintaining financial records
- Addressing creditor claims
- Paying authorized estate expenses
- Handling required tax matters
- Managing or selling property when appropriate
- Distributing remaining assets to legal heirs
- Completing required probate filings
Serving as an administrator is an important fiduciary responsibility and should be taken seriously.
