When a Georgian dies without a will, O.C.G.A. § 53-2-1 controls who inherits. This guide walks through spousal shares, per stirpes representation for children, the one-third floor for surviving spouses, Year’s Support priority, and what happens if no heirs can be found.
Full probate administration is not the only path Georgia families have after a death. Georgia’s Probate Code recognizes three lighter court procedures in addition to full administration, each with its own statutory basis, its own trade-offs, and its own Georgia Probate Court Standard Form.
Many people assume a will is the document that keeps a family out of probate. In Georgia, that is usually not the case. A will can still be a very important part of an estate plan because it names beneficiaries, identifies who should serve as executor, and can nominate guardians for minor children.
Being named executor in Georgia can feel manageable at first, until the practical questions start piling up. You may need to locate the original will, secure property, gather financial information, and avoid premature distributions before the probate court gives formal authority to act.