Shawn Breyer
Losing a parent is heartbreaking.
And when there’s no will, the confusion only adds to the stress.
You may be asking yourself:
This guide will walk you through what to do when a parent dies without a will in Georgia.
You’ll learn who’s in charge, what legal steps you need to take, and how to avoid common mistakes—without needing to Google every other sentence.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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When someone dies without a will, it’s called intestate.
In Georgia, this means the state decides who gets the assets, based on set inheritance laws.
To pass those assets legally, you usually need to go through probate.
Probate is the court process for handling someone’s money, property, and debts after they die.
If there’s no will, a judge appoints someone to handle everything.
That person is called the administrator.
(When there is a will, they’re called the executor.)
Why it matters: Until probate is finished, no one can legally sell or transfer the parents’ assets, such as a house or car.
Banks may freeze accounts.
And bills (like mortgages or taxes) still need to be paid.
Here are the key people you’ll hear about:
Example: If your mom dies without a will, and she was married with three kids, the estate would be split between the husband and the children under Georgia law.
Here are the steps to take when a parent dies without a will.
You’ll need multiple certified copies (at least 5).
Get these from the funeral home or the Georgia Department of Public Health.
Tip: Make a simple spreadsheet to keep track.
Even without a will, look for:
These items usually pass outside of probate.
Call or visit the probate court in the county where your parent lived. Ask what forms you’ll need to:
You’ll need to:
Once approved, the court gives Letters of Administration—legal papers that let you manage the estate.
You’ll need to:
Tip: Do not use your own money. Use the estate’s bank account (which you’ll open after getting the letters).
Follow Georgia’s intestate laws:
Once everything is paid off, you’ll file paperwork with the court to close the estate.
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.
