When someone dies without a will in Georgia, state law determines who inherits their property. This process is called intestate succession, and it is governed by O.C.G.A. § 53-2-1. Georgia distributes the estate according to a fixed hierarchy: surviving spouse, children, parents, siblings, and then more distant relatives. If the deceased had both a spouse and children, the spouse shares the estate equally with the children, but is guaranteed at least one-third.
The probate court appoints an administrator to manage the estate when no executor is named in a will. Families who assume the surviving spouse receives everything are often caught off guard by how the statute splits assets, particularly when multiple children are involved. Important distinction: Georgia intestacy rules apply only to probate assets, not to property that passes by beneficiary designation, joint ownership with right of survivorship, transfer-on-death deed, or trust.
In Georgia, dying without a will does not mean the surviving spouse automatically receives everything. If the deceased person had children, the surviving spouse shares the probate estate with the children, and the spouse’s share cannot be less than one-third.
Key Takeaways
- Georgia law, not family preference, governs inheritance when there is no will.
- A surviving spouse with children does not inherit the full estate. The spouse’s share cannot be less than one-third, but it may be exactly one-third when there are multiple children.
- Stepchildren and unmarried partners have no inheritance rights under Georgia intestacy law unless the stepchildren were legally adopted.
- Bank accounts can be frozen until the court issues Letters of Administration, though accounts under $15,000 may qualify for release through an affidavit under O.C.G.A. § 7-1-239.
- Siblings who inherit real property together become tenants in common, and any disagreement about the property can require a court-ordered partition action.
- A surviving spouse or minor children may petition for year’s support, which takes priority over other distributions from the estate.
Who Inherits When There Is No Will in Georgia?
| Family situation | Who inherits | Important Georgia rule |
|---|---|---|
| Spouse, no children | The surviving spouse | The spouse receives the entire probate estate. |
| Spouse and one child | The spouse and child | They split the probate estate equally. |
| Spouse and two or more children | The spouse and children | The spouse receives at least one-third. The children split the remaining share. |
| Children, no spouse | The children | The children inherit the probate estate in equal shares. |
| No spouse or children | Parents, then siblings, then more distant relatives | Georgia follows the family priority order in O.C.G.A. § 53-2-1. |
| No legally recognized heirs | The State of Georgia | Property escheats to the state only when no heir can be identified. |
How Georgia Distributes an Intestate Estate Under O.C.G.A. § 53-2-1
Georgia follows a statutory hierarchy that determines who inherits based on the closest surviving relatives. The statute creates several tiers, and only the highest-priority tier with living members receives a share.
If the deceased is survived by a spouse but no children, the spouse inherits the entire estate. When both a spouse and one child survive, they split the estate equally. With a spouse and two or more children, all parties share equally, but the spouse’s portion cannot fall below one-third of the estate’s value.
That one-third minimum often surprises surviving spouses and adult children. A married person with four children who dies without a will leaves the surviving spouse with one-third of the probate estate. The remaining two-thirds is divided among the four children. Many spouses expect to receive everything, particularly when the marriage was long, and the couple managed finances jointly. The statute does not account for those expectations.
When there is no surviving spouse, children inherit the full estate in equal shares. If a child predeceased the parent, that child’s descendants take the deceased child’s share per stirpes, meaning the inheritance passes down through that branch of the family.
If no spouse, children, or descendants survive, the estate passes to the deceased person’s parents. After parents, the statute moves to siblings and their descendants, then grandparents, then aunts and uncles, and then to more remote relatives. Property escheats to the state only when no heir at any level can be identified, which is rare.
Tip: If you are a surviving spouse with children and concerned about how the estate will be divided, consult a Georgia probate and estate administration attorney before agreeing to any informal family arrangement. The statutory split may differ substantially from what the family assumed.
Which Property Goes Through Intestate Succession
Intestate succession applies only to assets that pass through probate. Many assets transfer entirely outside of probate, and the intestacy statute has no effect on them.
Property that passes through probate includes real estate titled solely in the deceased’s name, bank accounts with no named beneficiary or payable-on-death designation, vehicles titled solely to the deceased, and personal property such as furniture, jewelry, and household items.
Property that bypasses probate includes jointly held real estate with right of survivorship, transfer-on-death deeds (available in Georgia since July 2024), retirement accounts and life insurance policies with named beneficiaries, payable-on-death bank accounts, and assets held in a funded trust.
The distinction matters because families sometimes believe that the intestacy statute controls all of the deceased’s property. A house held in joint tenancy passes automatically to the surviving co-owner. A 401(k) with a named beneficiary goes to that beneficiary regardless of the intestacy statute.
Practical Problems Families Face Without a Will
Below are some of the most common problems families run into when someone dies without a will in Georgia.
Frozen bank accounts. Banks typically freeze a deceased person’s accounts until someone presents Letters of Administration from the probate court. Without a will naming an executor, the court must appoint an administrator, a process that takes time. The family may have no access to funds for mortgage payments, utility bills, or funeral costs during that period.
Georgia law does provide a limited exception. Under O.C.G.A. § 7-1-239, a financial institution may release deposits of $15,000 or less directly to the surviving spouse, children, parents, or siblings through an affidavit process when the person died without a will. The affidavit requires the claimant to state that no will exists and that there are no other known claimants to the deposit. In practice, some banks decline to honor the affidavit or impose additional requirements, which can further delay the process.
Real property disputes among siblings. When a parent dies without a will and owns a home, that property passes to the heirs under the intestacy statute. If three adult children inherit, they become tenants in common, each holding an equal undivided interest. If one sibling lives in the house, the other two cannot force that sibling to leave without court action. If the siblings disagree about selling, one or more can file a partition action to compel a sale. These disputes can become expensive, especially when one heir wants to sell, and another wants to keep the home.
Stepchildren and unmarried partners. Georgia intestacy law recognizes only legal relationships. Stepchildren inherit only if they were legally adopted by the deceased. An unmarried partner, regardless of the length of the relationship, has no legal claim to the estate. For a fuller discussion of how stepchildren inherit under Georgia probate law, our firm has addressed those rules in detail.
Tip: If you are dealing with a frozen account and the balance is under $15,000, ask the probate court clerk for the banking affidavit form before initiating a full administration petition. It may save weeks.
How the Court Appoints an Administrator
When someone dies with a will, that document names an executor. Without a will, the probate court appoints an administrator to gather assets, pay debts, and distribute the estate according to law.
Georgia law gives priority for appointment to the surviving spouse, then to the next of kin. If multiple heirs want to serve, or if the heirs disagree, the court resolves the dispute. The process involves filing a Petition for Letters of Administration with the probate court in the county where the deceased person lived. For families in Atlanta, Sandy Springs, Roswell, Alpharetta, Decatur, Gwinnett County, and surrounding metro Atlanta communities, the correct probate court depends on where the deceased person lived.
Georgia also allows heirs to avoid a full administration when certain conditions are met. If all heirs agree, they can file a Petition for Order Declaring No Administration Necessary using GPCSF Form 9, available through the Supreme Court of Georgia’s standard probate forms page. This petition is limited to intestate estates where all heirs consent and debts have been resolved.
The administrator is required to file an inventory of the estate’s assets and provide an accounting to the court and the heirs. If this is your first time dealing with probate court, the filings and deadlines can be hard to sort out. Our step-by-step probate process in Georgia outlines what to expect at each stage.
Year’s Support for the Surviving Spouse and Minor Children
Georgia provides a specific protection for surviving spouses and minor children called year’s support. The surviving spouse or minor children can petition the probate court for an award from the estate to cover their support and maintenance for twelve months following the death.
Year’s support takes priority over all other claims against the estate, including creditors and other heirs. The court determines the amount based on the standard of living the family maintained and the estate’s total value. A surviving spouse may receive a substantial portion of the estate through year’s support before the intestacy statute distributes the remainder.
Many families do not know this option exists. For those facing financial pressure immediately after a death, an attorney experienced in Georgia probate and estate planning can assess whether this petition is appropriate.
FAQ
Q1. Does a surviving spouse automatically inherit everything in Georgia?
- Only if the deceased had no living children, grandchildren, or other descendants. When children survive, the spouse shares the estate with them under O.C.G.A. § 53-2-1. With two or more children, the spouse receives at least one-third, and the children split the remainder equally.
Q2. What happens to the house if someone dies without a will in Georgia?
- If the house was titled solely in the deceased person’s name, it passes to the heirs under the intestacy statute. Multiple heirs inherit as tenants in common. If they cannot agree on what to do with the property, any co-owner can petition the court for a partition action to force a sale.
Q3. Can stepchildren inherit if there is no will in Georgia?
- Stepchildren who were not legally adopted by the deceased have no inheritance rights under Georgia intestacy law. Only biological children and legally adopted children qualify as heirs. For more detail on blended family inheritance, see our discussion of how stepchildren inherit in Georgia probate.
Q4. Do I need a probate attorney if there is no will?
- Georgia does not require an attorney for probate filings, but intestate estates involve court supervision, creditor notice requirements, and statutory distribution rules. Errors in the petition or the accounting can delay the process and create personal liability for the administrator. Families with real property, multiple heirs, or any dispute over the estate typically benefit from working with an estate planning attorney in Atlanta who regularly handles probate matters.
Q5. How long does intestate probate take in Georgia?
- Timelines vary by county and estate complexity. A straightforward intestate estate with cooperative heirs may be resolved in six to twelve months. Estates involving real property disputes, missing heirs, or creditor claims can take longer. Filing in common form vs. solemn form also affects the timeline.
If your family is dealing with a Georgia estate where no will exists, Hampton & Hampton LLP can help you understand who has priority, what assets may need to go through probate, and whether Letters of Administration, no administration, or year’s support may apply. Contact our office to schedule a consultation.