Shawn Breyer
What happens when you die without a will in Georgia?
You don’t get a say in who receives your property.
Instead, the state decides for you, based on strict legal rules known as intestate succession laws.
While this process may seem straightforward, it often leads to confusion, delays, and unintended consequences for your loved ones.
In this article, we’ll walk through exactly what happens if you die without a will in Georgia—from how the probate process works to who inherits what, and the critical steps your family must take.
Whether you’re preparing for the future or handling a loved one’s estate, this guide will give you the clarity and direction you need.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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Watch this video on what happens if you die without a will.
“Dying intestate” simply means passing away without a valid will in place.
When this happens in Georgia, state law controls everything—from who inherits your assets to who handles the estate.
The court does not consider your verbal wishes, informal notes, or what “everyone knew” you wanted.
If it’s not in a valid, signed will, it doesn’t count.
Georgia’s intestate succession laws dictate who inherits your property.
Here’s how it works, based on your surviving relatives:
If you don’t have a surviving spouse or children, your estate passes in this order:
The more distant the relationship, the more complex it becomes to prove who is legally entitled to inherit.
Example:
If you die unmarried with no children, but your parents are alive, they get everything—even if you were estranged.
If your parents are deceased and you have siblings, your siblings inherit equally.
When there’s no will, Georgia law requires the estate to go through probate—a legal process to identify heirs, manage the estate, and distribute assets.
Here’s how it works step-by-step:
Someone (usually a close family member) must file a petition in probate court to be appointed as the Administrator of the estate. This person will be responsible for managing everything.
If family members can’t agree on who should serve, the court may appoint someone—often the surviving spouse or an heir with the most support.
All potential heirs must be formally notified.
This includes:
Public notice must also be published in the legal newspaper to notify creditors.
The Administrator must create a list of all assets—including real estate, bank accounts, vehicles, retirement accounts, and personal property. Valuation is required in many cases.
Before heirs receive anything, the estate must pay:
If there are not enough liquid assets, the Administrator may need to sell property—including real estate—to cover debts.
Once debts are settled, remaining assets are distributed to heirs according to Georgia’s intestacy laws.
The Administrator files a final report and asks the court to discharge them from further responsibility.
This officially closes the estate.
Probating an estate without a will is rarely simple. Here are some common challenges your family could face:
Without a named executor, family members often fight over control. This can delay the process for months or longer.
If the deceased had children from prior relationships or estranged relatives, finding and notifying them can be difficult and required.
If debts are high, the Administrator may be forced to sell rental properties, a family home, or other valuable assets—even if the family hoped to keep them.
Without a will or prior planning, family may struggle to gain access to bank accounts, investment accounts, or property deeds.
Now you know what happens if you die without a will in Georgia.
Handling an estate without a will in Georgia can feel overwhelming, especially when you’re grieving.
But by taking it step-by-step, you can get through it.
Need help? Contact us for a free consultation.
We’ll help you take the next right step.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
