What happens when you die without a will in Georgia? (video)

In Georgia, when you pass away, all of your belongings - from jewelry to property - becomes your estate. If you die without a will, any property leftover after your debts are paid off will go to your living relatives. Georgia law sets out which relatives will inherit your estate. 

If you have a spouse and/or kids, your whole estate goes to them. How the estate is split will depend on how many children - biological or adopted - you have.

If you don’t have a spouse or kids, your estate will go to your next closest living relatives in an order set out in a law called the rules of inheritance. If you have no living relatives, then any assets will go to the state. If you want to have a say in how your assets get distributed, you need to have a will.

If you have a relative who died without a will and they had assets and debts, their estate will likely need to go through the probate process. To start this process, some sort of probate petition will need to be filed. Depending on which relative of yours has passed - and the nature of their estate - you may need to file a:

Petition for Years Support. If your spouse passed away within the last 2 years, then you may file this petition to have their entire estate transferred to you ahead of other heirs and creditors. This petition can also pause property taxes for 1 year.

Petition for Letters of Administration. This will let the court know they must appoint an administrator to distribute the assets of the estate.

With any petition there will be filing fees. The court might waive the fees if you are unable to afford them.

Once an administrator is appointed, they will pay any debts and then distribute the assets according to the rules of inheritance.

There are some times when probate is not needed. The probate court will grant an Order Declaring No Administration is Necessary if:
1) There is no will,
2) All of the heirs agree how to split the person’s assets, and 
3) There are no debts or any creditors agree that there does not need to be probate proceedings.

You must petition the court for this order. In the petition, all heirs must sign an agreement stating how they will distribute the estate.

It is always recommended that you consult with an attorney to decide which type of petition to file. 

Learn more at GeorgiaLegalAid.org