by BarryWhat Happens If You Die Without a Will in Georgia
Nobody likes thinking about it. But if you pass away without a will in Georgia, the state has a plan for your assets and there’s a good chance it doesn’t match what you would have chosen.
Georgia’s intestacy laws are a set of default rules that determine who inherits your property when you don’t leave instructions. They’re rigid, they’re impersonal, and they don’t account for the nuances of your family. Understanding what happens under these rules is often the push people need to finally put a plan in place.
Georgia’s Default Rules
If you’re married with children, your surviving spouse and children split your estate. Your spouse is guaranteed at least one-third, and the rest is divided equally among your children. That might sound reasonable, but consider what it means in practice. If you have three kids and a home that represents most of your wealth, your spouse could end up owning only a fraction of the house you shared. Selling the family home to divide the proceeds is a real possibility.
If you’re married without children, your spouse inherits everything. If you’re single with children, your children inherit equally. If you have no spouse and no children, the estate passes to your parents, then siblings, then more distant relatives. What the law doesn’t account for is stepchildren, unmarried partners, close friends, or charitable organizations you care about.
The Hidden Costs of No Plan
Beyond who gets what, dying without a will means your estate almost certainly goes through probate and, without a named executor, the court appoints an administrator. If you have minor children, a judge will choose their guardian. Family disagreements over guardianship can be painful, expensive, and entirely avoidable.
There are also practical headaches. Without powers of attorney, no one has immediate authority to manage your bank accounts, pay your bills, or deal with your mortgage.
The Fix Is Simpler Than You Think
A basic will-based estate plan addresses all of this. You decide who inherits your assets, who manages your affairs, and who raises your children. The process typically takes three to four weeks and costs far less than the legal fees your family would face navigating intestacy.
The bottom line: if you don’t have a will, Georgia has one for you. And it almost certainly isn’t the one you’d write yourself.
How Edwards Law Can Help
At Edwards Law, we help Atlanta families put a plan in place that reflects their actual wishes—not the state’s default rules.
Ready to get started? Contact us today to schedule a consultation.