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What Is A Child Entitled To When A Parent Dies Without A Will In Georgia? 3 Important Laws

What Is A Child Entitled To When A Parent Dies Without A Will In Georgia

Wondering what is a child entitled to when a parent dies without a will in Georgia? 

This guide breaks down: 

  • what they will inherit
  • how children from multiple marriages get handled
  • if minor children can inherit
  • if kids inherit their parent’s debts
  • what to do when a parent dies without a will

Keep scrolling to learn more.

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What Is a Child Entitled to When a Parent Dies Without a Will in Georgia?

When a parent dies without a will in Georgia, the inheritance follows intestate succession laws:

  • With Spouse and Children: The spouse gets one-third, and the remaining two-thirds are equally divided among the children.
  • Only Children: The entire estate is equally divided among the children.
  • Multiple Marriages: All children inherit equally, regardless of the marriage.

Understanding Inheritance Rights for Children in Georgia

When a parent dies without a will in Georgia, the child’s inheritance is determined by Georgia’s intestate succession laws. 

Here’s what you need to know:

Inheritance Rights Under Intestate Succession

  • Spouse and Children: If the deceased is survived by a spouse and children, the spouse receives one-third of the estate. The remaining two-thirds are divided equally among the children. For example, with three children and a spouse, the spouse receives one-third, and each child receives ~22% of the estate.
  • Only Children: If there is no surviving spouse, the entire estate is divided equally among the children.
  • Children from Multiple Marriages: All children inherit equally, regardless of the marriage they were born from or if they were born out of wedlock.

Considerations for Different Types of Children

  • Minor Children (under 18): A guardian or conservator manages the inheritance of minors until they reach adulthood.
  • Adult Children (18 and older): Receive their inheritance directly and can manage it independently.
  • Adopted Children: Have the same inheritance rights as biological children and are entitled to an equal share of the estate.
  • Stepchildren: Do not inherit unless they have been legally adopted by the deceased parent.

Impact of Asset Types on Inheritance

  • Real Property: Real estate is included in the estate and divided according to intestate succession laws unless jointly owned with the right of survivorship.
  • Personal Property: Personal belongings, vehicles, and other items are part of the estate and distributed among the heirs.
  • Financial Accounts: Bank accounts are included in the estate unless they have designated beneficiaries, in which case they bypass probate.
  • Retirement Accounts and Life Insurance: These typically pass directly to named beneficiaries and are not included in the probate estate.
  • Business Interests: The transfer of business interests depends on the type of business entity and any existing agreements.

Rights Of Children When A Parent Dies Without A Will

This gets split into two scenarios; minor and adult children. 

Rights of Minor Children

Minor children have special rules when inheriting assets in Georgia. 

A guardian or conservator manages the assets until the child reaches adulthood.

  • Guardianship: A guardian may be appointed to care for the minor child’s upbringing and welfare.
  • Conservatorship: A conservator manages the minor’s financial assets until they turn 18, ensuring the inheritance is preserved and used in their best interest.

If there is a surviving spouse, they are the guardian and conservator. 

When there is no surviving spouse, the courts appoint one. 

As guardian/conservator, you have to file periodic reports to the courts.

This is to prevent the minor’s assets from getting mismanaged. 

Rights of Adult Children

Adult children (18+) inherit without the need for guardianship or conservatorship. 

They have the right to their share of the estate immediately.

They can manage the inherited assets as they see fit.

Are Children Responsible For Their Parent’s Debts?

No, a child does not inherit their parent’s debts. 

When a parent dies, their debts are paid out of their estate.

This includes all the assets and property they owned. 

The estate’s assets are used to pay off any outstanding debts.

This happens before the remaining assets are distributed to the heirs. 

Let’s say the estate’s assets are not enough to cover the debts.

The debts are typically not passed on to the children or other heirs.

The children only inherit the following debts: 

  • Co-signed Loans: Children are responsible if they co-signed a loan.
  • Joint Accounts: Children must pay debts on joint accounts.
  • Secured Debt: If the kids keep a house with a mortgage, they assume the loan.

Steps To Take When A Parent Dies Without A Will

  1. File for Probate: File a petition and nominate an estate administrator.
  2. Notify Interested Parties: Inform heirs and creditors about the probate process.
  3. Inventory the Estate: List all assets and debts of the deceased.
  4. Appraise the Estate: Obtain valuations for the estate’s assets.
  5. Settle Debts and Expenses: Pay off debts and final expenses, and file tax returns.
  6. Distribute the Assets: Divide the remaining assets per intestate succession laws.
  7. Close the Estate: Submit final accounting and request estate closure.

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out what is a child entitled to when a parent dies without a will in Georgia? 

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to get a have us fill out your Petition for FREE.

Ready to Secure Your Family’s Future?

Avoid the delays, expenses, and public exposure of probate.

Schedule your free, no-pressure Estate Planning Roadmap Call today.

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What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia. 

Gwinnett County
Fulton County
Cobb County
DeKalb County