When you pass away without leaving a will, the state of Georgia calls that intestacy. Intestacy means the state, rather than you, decides who inherits what portion of your estate. Because death is a certainty for all of us, estate planning is a necessity. A resident of the state of Georgia who dies without an estate plan leaves behind what is known as an intestate estate. In those instances, the intestacy succession laws of the state of Georgia dictate who inherits your assets. Intestacy creates a host of issues and complications for your family.
Under Georgia intestacy laws, a surviving spouse’s share of your estate may not be less than one-third of the total estate. That means if a person dies with a spouse and one child, they share the estate equally. If they leave a spouse and four children, the spouse receives a third of the estate. The children then equally divide the remaining two-thirds. If only a spouse (no children) survive the deceased person, the spouse likely inherits the entire estate. Surviving children, where there is no spouse, inherit the entire estate.
What Happens When The Intestate Estate Is Not Survived By A Spouse or Descendants?
In a situation where no spouse or descendants survive the decedent, their parents may be able to inherit. If both parents are alive, they equally inherit the deceased person’s estate. If only one parent is still alive, they inherit the entire probate estate. If you’re survived by siblings, but not parents, your siblings (or their descendants) inherit the intestate estate. If there are no siblings, however, grandparents, aunts, uncles, and first cousins are in line to inherit.
As you can see, dying in intestacy creates a complex situation. Taking time to plan your estate now, avoids issues now and leaves you, and your family, with invaluable peace of mind. If you need help creating an estate plan, call the experienced team of attorneys at the Grissom Law, LLC firm. We specialize in estate planning and guide you toward avoiding an intestate estate. In other words, we help make sure you, not the state of Georgia, decides on the final resolution of your estate.
Disclaimer
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.