When no will exists, the statutes of Georgia provide for the distribution of property to heirs, that is, by intestate succession.

If you die without leaving a Will and are a resident of Georgia, the State law provides the manner for distributing your property. Your net estate remaining after deduction of debts, taxes, family exemptions, etc., would be distributed under the Statutes governing Decedent’s Estates and, in the case of most common occurrence, the heirs who would receive such property are as follows:

Property owned jointly be husband and wife is automatically owned by the survivor. The following outlines the distribution of separately owned property.

If You Die Leaving a Wife or Husband and Child or Children (also of Survivor) Or their Descendants

  • Wife or Husband receives $50,000 plus one-half of the balance
  • Child or Children receive one-half of balance divided equally
  • Grandchildren take their deceased parent’s share unless all children are deceased, then all grandchildren share equally.
  • Wife or Husband and Child or Children (one or more not Child of Survivor) or their Descendants
  • Wife or Husband receives one-half
  • Child receives one-half or Children receive one-half divided equally
  • Grandchildren take their deceased parent’s share unless all children be deceased, then all grandchildren share equally.

If You Die Leaving a Wife or Husband but No Children or Their Descendants and

(a) If your Mother or Father survives
Wife or Husband receives $50,000 plus one-half of the balance
Mother and Father, or survivor, receives other one-half of the balance

(b) If no Parent survives
Wife or Husband receives all.

If You Die Leaving a Child or Children but No Wife or Husband

  • Child or Children receive all divided equally
  • Grandchildren take their deceased parent’s share unless all children be deceased, then all grandchildren share equally.

If You Die Leaving No Wife or Husband and No Children or their Descendants and

(a) If your Mother or Father survives
Mother and Father, or survivor, receives all

(b) If No Parent survives
Brothers and Sisters receive all divided equally

Nieces and Nephews take their deceased parent’s share unless all brothers and sisters be deceased, then all Nieces and Nephews share equally.

More Remote Cases (under this classification) are Not Covered Here

The State of north Georgia takes your property if you leave no wife or husband; child or its descendants; parent; brother or sister of their descendants; grandparent; or uncle or aunt or their children; or their grandchildren.

NOTE: Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes in intestate succession.