Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Georgia's intestacy statute (O.C.G.A. § 53-2-1(c)(1), O.C.G.A. § 53-2-1(c)) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a deceased heir's share among that heir's descendants per stirpes (O.C.G.A. § 53-2-1(c)(3)), with the family's year's support coming first (O.C.G.A. § 53-3-1). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with a right of survivorship) follow their own rules, not intestacy.
Who inherits under Georgia law
- Spouse, no descendants — the surviving spouse is the sole heir (O.C.G.A. § 53-2-1(c)(1)).
- Spouse and children — the spouse shares equally with the children, and takes no less than one-third of the estate (O.C.G.A. § 53-2-1(c)(1)).
- A deceased child's line — the descendants of a deceased child take that child's share, per stirpes from the children's generation (O.C.G.A. § 53-2-1(c)(1); O.C.G.A. § 53-2-1(c)).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (O.C.G.A. § 53-2-1(c)).
The spouse's share and minor children
In Georgia, when there is no will, a surviving spouse is the sole heir if no child or other descendant survives; otherwise the spouse shares equally with the children, with the descendants of a deceased child taking that child's share, and the spouse's share is never less than one-third (O.C.G.A. § 53-2-1(c)(1)); the family's year's support comes before most debts (O.C.G.A. § 53-3-1). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Georgia as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Georgia attorney can help you put a plan in place.
General information about Georgia law, not legal advice.
Frequently asked questions
- Who inherits in Georgia without a will?
- A surviving spouse with no child or other descendant is the sole heir; with descendants, the spouse shares equally with the children, the descendants of a deceased child taking that child's share per stirpes, and the spouse's portion is never less than one-third; without a spouse, the relatives in the nearest degree — children, then parents, then siblings, then grandparents, then uncles and aunts (O.C.G.A. § 53-2-1).
- What is year's support?
- The surviving spouse's and minor children's entitlement, preferred before all other debts or demands, to property for their support and maintenance for 12 months from the death (O.C.G.A. § 53-3-1), on a petition filed in the probate court within 24 months of the death (§ 53-3-5) and set apart by the court (§ 53-3-7). Georgia has no elective share.
- Does a trust change this?
- Property titled to a trustee passes under the trust's provisions, not by intestacy; what the decedent still owned passes to the heirs § 53-2-1 names, title to real property vesting in them at death subject to an administrator's appointment (O.C.G.A. § 53-2-7).
General information about Georgia law, not legal advice.