What Happens If Someone Dies Without a Will in Georgia?

When someone dies without a will in Georgia, what happens to their property and estate?

That’s a question I hear a lot, and the answer can be more complicated than people expect.

I’m Brad, the Probate House Guy. I’m an active real estate investor and a licensed real estate agent in the state of Georgia. Over the last 10 years, I’ve helped hundreds of sellers get their properties sold, whether through a cash sale or by listing the property the traditional way.

I’ve also learned a thing or two about probate and estates along the way, so I’m sharing what I know.

One important disclaimer: I’m not an attorney, and I don’t claim to be one. This article is for informational purposes only and should not be considered legal advice. If you’re dealing with an estate, I strongly recommend speaking with a qualified Georgia probate or real estate attorney about your specific situation.

What Does It Mean to Die Without a Will in Georgia?

If someone passes away without a will, that is called dying intestate.

There’s a difference between testate and intestate. If someone has a valid will, they died testate. If they don’t have a will, they died intestate.

When someone dies intestate, their estate follows Georgia’s laws of intestate succession.

There are different degrees of intestate succession. I’m not going to get into every single one, but generally speaking, the surviving spouse and children are among the first people considered. From there, the law can move to other relatives, including parents and, if necessary, siblings.

That’s where things can start getting complicated.

Who Are the Heirs When There Is No Will?

When you’re trying to determine who inherits from an estate, sometimes it helps to literally draw out the family tree.

You might have a surviving spouse and children. If there are no children, you may have to look at other family members. Depending on the circumstances, the line of succession can continue through parents, siblings, grandchildren, and other relatives.

There’s actually a worksheet available through the state of Georgia that can help with determining heirs.

And sometimes, looking at that family tree can feel like going down a rabbit hole.

Why the Family Tree Matters in Probate

One of the things people sometimes don’t realize is that someone can be considered an heir at law even if they aren’t actually receiving anything from the estate.

I’ve seen this in my own family.

My grandfather and grandmother had four children. Unfortunately, my uncle passed away almost 20 years ago, and he had two children.

So, when my grandfather’s estate was being handled, there were three surviving siblings, but my cousins—the children of my deceased uncle—were also considered heirs at law under Georgia law.

My grandfather had a will, and his assets were divided according to what the will said. But because my cousins were technically heirs at law, they were required to consent to the estate even though they weren’t actually receiving anything from it.

That’s one example of how an estate can become more complicated than you might initially expect.

And sometimes you have grandchildren, multiple generations, cousins, and multiple tiers of family members involved.

It can get messy.

What Happens During Probate Without a Will?

If someone dies without a will in Georgia, there is still a way to probate the estate.

However, there are additional steps involved.

In many cases, you would go through what’s called an administration of the estate.

When there is a valid will, the will generally names an executor ahead of time. When there is no will, someone needs to be appointed as the administrator of the estate.

The executor and administrator are, in essence, performing similar functions, although there are some differences.

The important thing is that an administrator becomes the personal representative of the estate and is responsible for acting on behalf of the heirs and carrying out the estate process.

What If You Inherited a House Through an Estate?

If the estate includes a house, you may eventually have to decide what to do with that property.

This is where things can become especially important for heirs who aren’t familiar with the probate process or the options available for the property.

If you’ve inherited a house and you’re trying to figure out what your options are, we’d be happy to talk with you.You can simply fill out the form on this page. A member of our team can get in touch with you and discuss the property with you.

There’s no need to figure everything out by yourself before having a conversation.

What If the Family Can’t Agree?

Sometimes a family member will volunteer to serve as administrator.

But that’s not always how it works.

I’ve seen situations where family members simply cannot agree. There’s infighting, disagreements, and conflict over who should handle the estate.

In those situations, the court may appoint a third-party administrator instead of having one of the family members administer the estate.

There can also be situations where a family member might not be able to obtain a bond or otherwise serve as administrator. Again, the court may appoint a third party.

The point is that there are processes that have to be followed, and the court ultimately plays an important role in the administration of the estate.

A Complicated Family Can Make Probate More Difficult

The more people involved in an estate, the more complicated the probate process can become.

And when you have a complicated family situation, I would strongly consider spending the money to hire a probate attorney to help you through it.

The more heirs and interested parties there are, the greater the opportunity for something to be missed or done incorrectly.

And when something is done incorrectly, you may have to fix it and resubmit it.

I actually experienced this recently with my own family’s probate. Our probate got kicked back because my aunt checked the wrong box on a form.

It was a small mistake, but now the paperwork has to be corrected and submitted again.

That happened in Cobb County, and they’re pretty particular about getting things done correctly.

That’s just part of dealing with probate.

Don’t Assume Probate Is Simple

So, what happens when someone dies without a will in Georgia?

The estate is considered intestate, and the estate has to follow Georgia’s intestate succession laws. The heirs have to be determined, and the estate generally goes through an administration process.

And as you can see from my own family’s experience, determining who is considered an heir can sometimes involve more people than you might expect.

That’s why I wouldn’t assume that probate is going to be quick or straightforward, especially when you have a complicated family situation.

If you’re dealing with an intestate estate, I highly recommend consulting with a probate or estate attorney who can look at your specific circumstances and provide actual legal advice.

If you need a referral to a good attorney, we’d be happy to point you in the right direction. We work with probate and estate attorneys here in Georgia all the time, and I have several good ones I’ve worked with regularly.

Need to Sell an Inherited House in Georgia?

If you’ve inherited a house as part of an estate and you’re interested in selling it, we can help you look at your options.

You can sell the house as-is to us for cash. We’ve been buying houses for cash for 10 years, and I’ve helped hundreds of families sell their properties the easy way.

Or, if you’d rather take the traditional route, I’m also a licensed real estate agent. I can help you explore the possibility of listing the property on the traditional market.

Whether you’re interested in a cash offer or selling through a real estate agent, we can have a conversation about what makes sense for your situation.

Simply fill out the form on this page. A member of our team will be in touch with you ASAP.

I hope this helped give you a better understanding of what happens when someone dies without a will in Georgia.