What happens if you die in GA without a will? Here’s who gets your property

Writing a will is often the last thing on our minds or many assume “it will all get figured out” in the end.

However, in Georgia, if you don’t have a will when you die, your assets will be distributed according to state law, but what does that mean? Here’s what to know:

What happens if you die without a will in GA?

In Georgia, dying without a will means you die “intestate.” This means your assets are passed down through “intestate” succession. So, if you don’t have a will when you die, your loved ones might be confused and your assets might not be split the way you initially intended. Here’s how they will be split:

“If you die without a will, any assets leftover after your debts are paid off will go to your living relatives. If you have no living relatives, then any assets will go to the state,” according to Georgia Legal Aid.

Here’s how inheritance works:

If you have a spouse and/or kids, your whole estate goes to them. If you had a child who died before you, their share will be split among their children. If you die with:

• A spouse but no children, your spouse will inherit your entire estate.
• Children but no spouse, your children will split everything equally. This includes biological and adopted children. Both a spouse and one child, they will divide the estate equally.
• A spouse and more than one child, your spouse will get ⅓ and the children will split the rest of the estate equally.

If you do not have a spouse or children, then:

• If you have living parents, your estate goes to them. 
• If you do not have living parents, your estate goes to your siblings
• If you do not have a spouse, children, parents or siblings then, your estate is inherited in this order: Grandparents; If no grandparents, then split between aunts and uncles. If you have any deceased aunts and uncles, their children will inherit their share equally; If no aunts and uncles, then first cousins will split your estate.

If you don’t have a will and want one, here’s what to do:

According to Georgia.gov:

• You might want a lawyer. You can find a lawyer through the State Bar of Georgia. If you are age 60 or older, you also can access legal assistance through the Department of Aging Services. Learn more about the Elderly Legal Assistance Program.
• Decide who will be your will’s executor, or representative who will submit your will to the probate court and see to it that your wishes are carried out. If you do not name an executor in your will, a probate court will appoint someone.
• Decide who will be a legal guardian for your children, if applicable
• Then gather a list of your assets including real estate and personal property to split to each beneficiary.

Do you have more questions? Let me know in the comments or email me at cmadden@mcclatchy.com

Chelsea Madden

The Telegraph

Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.