Preparing for the end of life is something we all know we should do. Yet according to AARP, most Americans never take the next step. In Georgia, if you pass away without a will (known as dying “intestate”), the state decides how to divide your assets.
What Happens if You Pass Away Without a Will in Georgia?
When someone dies intestate in Georgia, their property is distributed under state law. While this system may seem straightforward, it often does not align with what most people assume or would prefer. This is especially true for married couples.
Georgia uses a Table of Consanguinity, which ranks relatives in order of inheritance. Assets can even pass to distant cousins if no closer relatives exist. The order of inheritance usually follows this pattern: spouse, children, parents, siblings, then grandparents. Importantly, the person first in line inherits before anyone else.
Unlike in many states, where all assets go directly to the surviving spouse, Georgia law splits assets differently when children are involved.
Common Scenarios Under Georgia Intestacy Law
Survived by a spouse with no children: The spouse inherits everything.
Survived by children with no spouse: Children inherit equal shares, per stirpes.
Survived by both spouse and children: The spouse and children inherit equal shares, with the spouse guaranteed at least one-third of the estate.
No surviving spouse or children: Assets pass to grandchildren. If there are none, then to parents; if there are no parents, then to siblings.
How This Can Create Problems for Georgia Families
The biggest surprise for many families is what happens when a spouse and children both survive the deceased. In Georgia, the surviving spouse does not automatically inherit everything. Instead, the spouse and children share the estate, which can result in the spouse receiving less than expected. Many people would prefer their spouse to inherit everything first, with the children inheriting later after the spouse passes away. Without a will, that outcome is not guaranteed.
Controlling Your Legacy
To ensure your assets are distributed as you intend, you must create at least valid will. Without one, Georgia’s intestacy scheme will determine who inherits, no matter what your personal wishes may be.
Speak With an Experienced Atlanta Estate Planning Attorney Today
Estate planning is not only about distributing assets; it is also about preserving them. It is about protecting your loved ones, reducing stress, and making sure your wishes are carried out clearly.
At Thrift McLemore, we have helped countless families across Georgia design estate plans that reflect their goals and provide security for their loved ones. Whether you need a Last Will and Testament, a Trust, or other estate planning tools, we will guide you every step of the way.
Call us today at 678-882-0830 or email info@thriftlegal.com to schedule a complimentary consultation.
