GA risk area
Intestacy risk in Georgia
How assets are distributed when there is no will and state default rules control the outcome.
Georgia intestacy gives the surviving spouse all if there are no descendants; if there are descendants, the spouse shares equally but not less than one-third.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If a spouse survives and there are no descendants, the spouse is the sole heir.
- If a spouse and descendants survive, the spouse shares equally with children, but the spouse's share cannot be less than one-third.
- If there is no spouse, the estate passes to descendants; if none, to parents and other relatives by degree.
- Children conceived before death and born within ten months who survive 120 hours are treated as living at the decedent’s death.
Questions to consider
Questions this risk area helps you evaluate in Georgia
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Georgia intestacy gives the surviving spouse all if there are no descendants; if there are descendants, the spouse shares equally but not less than one-third.
- If a spouse survives and there are no descendants, the spouse is the sole heir.
- If a spouse and descendants survive, the spouse shares equally with children, but the spouse's share cannot be less than one-third.
- If there is no spouse, the estate passes to descendants; if none, to parents and other relatives by degree.
- Children conceived before death and born within ten months who survive 120 hours are treated as living at the decedent’s death.
Sources
- https://codes.findlaw.com/ga/title-53-wills-trusts-and-administration-of-estates/ga-code-sect-53-2-1/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-georgia.html
- https://law.justia.com/codes/georgia/2020/title-53/chapter-2/article-1/section-53-2-1/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Georgia.