Intestate Succession in Georgia
State-specific overview · Estate & Probate
Georgia distributes intestate property to the surviving spouse first, then to children and more distant relatives in statutory priority order.
How Georgia treats Intestate Succession
If the deceased leaves a surviving spouse and children, the spouse receives one-third of the estate while children share two-thirds equally. With a spouse but no children, the spouse receives two-thirds and parents or siblings receive one-third. If no spouse survives, all property passes to children in equal shares, or to their descendants if a child has predeceased, and the line continues to parents, siblings, and more distant relatives only if closer relatives do not exist.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.