Does a spouse automatically inherit everything in Georgia?

No. If the decedent had children, Georgia's intestacy law gives the surviving spouse a share equal to each child's share, but never less than one-third of the estate. With three children, for example, an equal share would be one-fourth, so the one-third minimum applies: the spouse receives one-third and the three children divide the remaining two-thirds. This surprises many families.

Does an unmarried partner inherit anything under Georgia intestacy?

No. Unmarried partners who are not legally married receive nothing under Georgia's intestacy statutes, regardless of the length or nature of the relationship. A will is the only way to provide for an unmarried partner.

Does Georgia have a small estate affidavit?

Not a general one. When there is no will, no unpaid debts, and the heirs agree on how to divide the estate, the probate court can enter an order that no administration is necessary (O.C.G.A. § 53-2-40). Separately, a bank may pay up to $15,000 from a deceased depositor's accounts to certain relatives without administration when there is no known will (O.C.G.A. § 7-1-239). We can tell you whether either option fits.

Can we agree among family members to distribute differently than intestacy requires?

Often, yes. If every heir agrees, the family can divide the estate differently than the statutory formula, either through a settlement agreement or as part of a petition for no administration. Agreements involving minors or incapacitated heirs need court approval.

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Intestate Estate Attorney in Northeast Georgia

When There Is No Will, Georgia Law Decides.

When someone dies without a will in Georgia, their estate is distributed according to the state's intestacy statutes. GA Law Group guides families through intestate administration efficiently and fairly.

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Dying without a valid will, or "intestate," means Georgia law decides who receives your assets, following a fixed order of priority set out in O.C.G.A. § 53-2-1.

Georgia's Intestacy Hierarchy

Under Georgia's intestacy law, assets pass first to a surviving spouse and descendants (children and grandchildren) under a set formula; if there are none, to parents; then to siblings; and then to more distant relatives until an heir is found. 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

When there are children born outside marriage, adopted children, half-siblings, or heirs who are hard to locate, identifying the correct heirs may require a formal heirship proceeding. GA Law Group handles these proceedings in all Northeast Georgia county courts.

Frequently Asked Questions

Intestate Administration FAQ

: No. If the decedent had children, Georgia's intestacy law gives the surviving spouse a share equal to each child's share, but never less than one-third of the estate. With three children, for example, an equal share would be one-fourth, so the one-third minimum applies: the spouse receives one-third and the three children divide the remaining two-thirds. This surprises many families.
: No. Unmarried partners who are not legally married receive nothing under Georgia's intestacy statutes, regardless of the length or nature of the relationship. A will is the only way to provide for an unmarried partner.
: Not a general one. When there is no will, no unpaid debts, and the heirs agree on how to divide the estate, the probate court can enter an order that no administration is necessary (O.C.G.A. § 53-2-40). Separately, a bank may pay up to $15,000 from a deceased depositor's accounts to certain relatives without administration when there is no known will (O.C.G.A. § 7-1-239). We can tell you whether either option fits.
: Often, yes. If every heir agrees, the family can divide the estate differently than the statutory formula, either through a settlement agreement or as part of a petition for no administration. Agreements involving minors or incapacitated heirs need court approval.

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Georgia's Intestacy Hierarchy

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