Who inherits with no will in georgia is decided by a state statute, not by what the family thinks is fair. When someone dies without a valid will, Georgia calls that dying “intestate.” The state then applies a fixed order of inheritance found at O.C.G.
A. § 53-2-1. It does not matter who was closest to the person, who cared for them at the end, or what they said out loud. However, the rules are simpler than most people fear. If you are sorting out a parent’s or spouse’s estate right now, you can usually figure out the shares in an afternoon. Understanding who inherits with no will in georgia also shows you exactly what a will would have changed.
What “intestate” really means in Georgia
Probate is the court process that transfers a person’s property after death. In Georgia it happens in the Probate Court of the county where the person lived. When there is a will, the court appoints the executor named in it. When there is no will, the court appoints an “administrator” instead. Both are called the personal representative.
A Georgia will normally needs 2 witnesses to be valid under O.C.G.A. § 53-4-20. If a document falls short of that, the estate is typically treated as intestate. Only “probate assets” follow the intestacy rules. For example, life insurance with a named beneficiary, a 401(k), a payable-on-death bank account, and property held in joint tenancy with survivorship pass outside probate. As a result, many estates have far less to divide than families expect.
One Georgia feature surprises people. Year’s Support, under O.C.G.A. § 53-3-1, lets a surviving spouse and minor children ask the court to set aside property for 12 months of support. That petition must be filed within 24 months of the death, and an award can take priority over most creditors and even over the intestate shares.
Who inherits with no will in georgia: the exact shares
Georgia’s rule is unusual, and it is worth reading twice. A surviving spouse does not automatically take everything. Instead, the spouse shares equally with the children — but the spouse’s share can never be less than one-third. Descendants of a child who died first step into that child’s place “per stirpes,” meaning they split the share their parent would have received.
| Who survives | Who inherits (O.C.G.A. § 53-2-1) |
|---|---|
| Spouse, no descendants | Spouse takes 100% |
| Spouse + 1 child | 1/2 each |
| Spouse + 2 children | 1/3 each |
| Spouse + 3 or more children | Spouse 1/3; children split the other 2/3 equally |
| Children, no spouse | Children equally, per stirpes |
| No spouse or descendants | Parents equally |
| No parents | Siblings, then nieces/nephews per stirpes |
| No siblings | Grandparents, then aunts and uncles, then first cousins |
| No relatives at all | Property escheats to the State of Georgia |
For example, a widow with four adult children takes 1/3, and each child takes 1/6. That is the practical heart of who inherits with no will in georgia. Note who is left out: stepchildren who were never adopted, unmarried partners, and close friends inherit nothing. Adopted children inherit exactly like biological children.
Shortcuts, costs, and what to do next
Not every intestate estate needs full administration. Under O.C.G.A. § 53-2-40, heirs can file a Petition for Order Declaring No Administration Necessary (form GPCSF 9) when the estate owes no debts, or all creditors consent, and every heir signs a notarized agreement on how to divide the property. Separately, O.C.G.A. § 7-1-239 lets a bank release up to $10,000.00 of a deceased depositor’s account directly to the spouse, or to the children, parents, or siblings in that order, without any court appointment.
If full administration is needed, budget for the timeline. The personal representative must publish notice to debtors and creditors within 60 days of qualifying, running once a week for 4 weeks, and creditors then have 3 months from the last publication to come forward (O.C.G.A. § 53-7-41). Statutory compensation is 2.5% of money received plus 2.5% of money paid out (O.C.G.A. § 53-6-60). On taxes, there is good news: Georgia has no state estate tax and no inheritance tax. Only the federal estate tax applies, and the exemption is $15,000,000 per person for deaths in 2026.
Practical next steps: order several certified death certificates, list assets and note which ones already have beneficiaries, and call the Probate Court in the decedent’s county to ask which GPCSF form fits. Many families can handle a simple estate themselves. If heirs disagree, a business or out-of-state land is involved, or debts exceed assets, check with your county probate court or a licensed Georgia attorney.
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Frequently Asked Questions
Does my spouse automatically get everything in Georgia?
Not if you have children. In most cases the spouse shares equally with the children, with a guaranteed floor of one-third. Typically the only way a spouse takes 100% of probate assets is when there are no descendants at all.
Do grandchildren inherit if their parent died before the grandparent?
Yes. Georgia uses per stirpes distribution, so grandchildren split the share their parent would have taken. For example, two grandchildren whose father predeceased would each receive half of his one-third.
Can heirs just agree to divide things differently?
Often yes. The No Administration Necessary petition specifically requires a written, notarized agreement from all heirs, and that agreement can depart from the statutory shares. However, all heirs must sign, so one objection ends the shortcut and full administration usually follows.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.