Dying without a will · Georgia
What happens if you die without a will in Georgia
Verified June 7, 2026
Who inherits in Georgia
When someone dies intestate — without a valid will — Georgia law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no children or descendants) | Spouse inherits the entire estate. |
| Spouse and one child | Estate divided equally — one-half to the spouse, one-half to the child. |
| Spouse and two children | Estate divided equally among three — one-third each to the spouse and each child. |
| Spouse and four or more children | Spouse receives at least one-third (the statutory minimum); remaining children divide the balance equally. Descendants of a deceased child take that child's share per stirpes. |
| Children but no spouse | Children inherit the entire estate in equal shares (per stirpes). |
| No spouse or children | Estate passes to the nearest relatives in the order provided by statute; ultimately escheats to Georgia if no heirs are found. |
Georgia is a common-law (equitable distribution) state with no community property. Unlike many states, Georgia does not distinguish between children who are also the surviving spouse's children and children from a prior relationship — the equal-sharing formula applies uniformly. The spouse's guaranteed floor of one-third applies only when the number of children would otherwise push the spouse below that level.
If no heir of any kind can be found, the estate escheats to the State of Georgia. Non-probate assets — life insurance payable to a named beneficiary, jointly held accounts, and retirement funds — pass outside these rules and are unaffected by the absence of a will.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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