Many people have a mistaken belief that their estate will go to the State of Georgia if they die without a Will. While that’s not true, it may not end up going to the people you intended. We have a statute in Georgia, O.C.G.A. § 53-2-1, that governs how a deceased person’s estate, who died without a Will, is divided. Below is a simplified summary of the statute.
- If you are married and have children – spouse and children split equally, but the spouse gets no less than one-third
- If you are married, without children – 100% to your spouse
- If you are not married, with children – children split the estate equally (with the living children of any deceased child taking their parent’s share)
- If you are not married, without children or grandchildren – 100% to parents equally, if both deceased, 100% to siblings or the children of deceased siblings (nieces and nephews), if no siblings, 100% to grandparents, if all are deceased, 100% to aunts and uncles equally.