A common statement in many Last Will and Testaments is that the estate will be “distributed to my heirs at law.” Georgia statutes define who the heirs at law are in the Official Code of Georgia Annotated (OCGA), Section 53-2-1, as follows:
- The spouse is the heir if there are no children (as well as no children who died before the decedent survived by their own children and descendants).
- The spouse and children are heirs if there are children, as well as the children and descendants of any child or children who died before the decedent.
- Parents will be heirs if there is no spouse, children, descendants of deceased child, grandchild, etc.
- If no spouse, children, descendants of children, or parents survived the decedent, the brothers and sisters of the decedent and the descendants of any deceased brother or sister who predeceased the decedent will be the heirs.
- If no one in the above was living at the time of death of the decedent, then the grandparents will be the heirs.
- If no one in the above were living at decedent’s death, then uncles and aunts and descendants of any deceased uncle or aunt are the heirs.
If all of the above were not living at the time of the decedent’s death, you continue to follow the family tree but it becomes more complicated.
At Grissom Law, we work with families to probate estates and determine heirs. Contact us at 678.781.9230 to schedule an appointment if you need to probate a loved one’s estate.
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This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.