WHAT HAPPENS IF I DIE WITHOUT A WILL IN GEORGIA?
Losing a loved one is an emotionally challenging time, and dealing with legal matters only add to the stress. One important legal document that helps distribute a person's assets after their death is a will. However, not everyone takes the time to create a will before passing away. In this blog post, we will explore the implications of dying without a will in the state of Georgia.
Intestate Succession in Georgia
When someone dies without a will, it is referred to as dying "intestate." In Georgia, intestate succession laws determine how the deceased person's assets will be distributed. These laws are designed to distribute the assets in a way that closely reflects what the person would have wanted, at least in the eyes of Georgia’s legislators. Family history, connections, or lack thereof will be given no consideration if the intestate laws apply to you or your loved one’s estate.
According to Georgia law, if you die without a will and are survived by a spouse, but no children, your spouse will inherit everything, one hundred percent. However, if you have a spouse and children, your spouse will share equally with your children, receiving no less than one-third of your estate and your children will share equally among themselves. If you have children, but no spouse, your children will inherit everything equally.
In the event that you pass away without a spouse or children, the distribution of your assets becomes more complex. If your parents are alive at the time of your death, they will be the first in line to inherit your assets. However, if your parents are no longer living, your assets will then be distributed to your siblings. This means that your brothers and sisters will have a rightful claim to your estate, including any real property, business(es), and any contractual payouts, such as from life insurance, where the designated beneficiary is your estate, that may have been acquired during your lifetime.
But what happens if you don't have any surviving parents or siblings? In such cases, Georgia law provides a specific order of inheritance for your assets. First, your assets will be distributed to your grandparents, if they are alive. If your grandparents are not alive, the next in line to inherit will be your aunts and uncles. If you have no surviving aunts or uncles, your assets will then be distributed to your cousins. The list goes on from there reaching to the most remote of your relatives. This means, if you pass without a will, someone you may have never met could stand to inherit everything you built and owned.
These distributions can become even more complicated if any of these individuals passed after you, but before your estate administration, as their wills (or intestate estate) will have to be analyzed and considered and their beneficiaries or heirs could lay claim to your estate. This is why meeting with an experienced probate attorney, like Your Hometown Attorney, is extremely important before you do anything with your loved one’s assets after their passing.
The Role of Probate Court
When someone dies without a will in Georgia, the probate court will review the petition filed in regards to the estate and follow the intestate succession laws to determine how the deceased person's assets will be distributed. It is important to note that these laws may not align with your actual wishes. It will not consider personal or familial history. It will not consider whether or not you even knew the person or had contact with them during your lifetime. Without a will, the legal documenting the deceased’s wishes, the Court only has the guidance provided by the laws created in the Georgia legislature. Therefore, it is crucial to create a will and estate plan to ensure that your assets are distributed according to your specific instructions and to avoid potential complications and disagreements among family members.
When there is no will, the probate court takes on an important role in the distribution of assets. The court will appoint an administrator to handle the estate. The administrator will gather the deceased person's assets, pay any debts or taxes owed, and distribute the remaining assets according to the intestate succession laws.
It is important to note that the probate process can be complicated, time-consuming, and costly. Without a will, the court proceedings may take longer, and the estate may be subject to additional expenses.
Considerations and the Importance of Estate Planning
Passing on without a will can create complications and uncertainties for your loved ones. By not having a will, you give up control over how your assets are distributed after your death and pass that control over to the Courts and the State of Georgia. It is crucial to take the time to create a will and estate plan that reflects your wishes.
In addition to outlining the distribution of your assets, a will can also address other important matters. You can designate an executor to handle the administration of your estate, appoint guardians for any minor children, and even make provisions for charitable donations or specific bequests. This can help ensure that your estate goes to the individuals or causes that are most important to you. By taking the time to create a comprehensive estate plan, you can provide peace of mind for yourself and clarity for your loved ones during a difficult time.
Having a will allows you to specify how you want your assets to be distributed, choose an executor to handle your estate, and even appoint guardians for minor children. It gives you peace of mind knowing that your loved ones will be taken care of according to your wishes and your wishes are clearly delineated so there is no room for confusion.
While no one likes to think about their own mortality, it is essential to plan for the future. Dying without a will in Georgia can lead to complications and potential disagreements among family members. By taking the time to create a will, you can ensure that your assets are distributed according to your wishes and provide clarity and peace of mind for your loved ones during a difficult time.
If you need to create your will or discuss your estate planning options or you have recently lost a loved one in the State of Georgia, contact Your Hometown Attorney today at 706-359-3332 to schedule your Informational and Planning Session today!