When There Is No Will, Georgia Law Decides.

Dying without a valid will — dying "intestate" — does not mean your estate disappears. It means Georgia law determines who receives your assets according to a fixed priority scheme set out in O.C.G.A. § 53-2-1. GA Law Group helps families and administrators navigate this process.

Georgia's Intestacy Hierarchy

Under Georgia's intestacy law, assets pass to: (1) a surviving spouse and/or descendants (children, grandchildren), with specific formulas for how each share is calculated; (2) if none, to parents; (3) if none, to siblings; (4) and further down the family tree until an heir is identified. The rules can produce surprising results in blended families or for unmarried partners, who receive nothing under intestacy.

The Administration Process

The Probate Court appoints an administrator (similar to an executor but without a will to follow) to gather assets, pay creditors, and distribute the remainder according to the intestacy formula. Any qualified heir can petition for appointment. If multiple heirs petition, the court may need to choose among them.

Heirship Determinations

In some cases — particularly where there are illegitimate children, adopted children, half-siblings, or potential heirs who are difficult to locate — determining the correct heirs requires a formal heirship proceeding. GA Law Group handles these proceedings in all Northeast Georgia county courts.