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Home→Tools→Who Inherits→Georgia

What Happens If You Die Without a Will in Georgia?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

$

Include home, savings, investments, etc.

users

See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

Quick examples:
West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-02-20

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Frequently Asked Questions

When someone dies without a will in Georgia, state intestacy laws determine who inherits. The estate is distributed according to state law, with the surviving spouse and children receiving priority.

In Georgia, if someone dies without a will, the surviving spouse's share depends on whether there are surviving children or other heirs. The spouse typically receives a significant portion, with the remainder going to children if any survive.

In Georgia, children inherit per stirpes, meaning each branch of descendants receives an equal share. If a child predeceases the parent, that child's descendants typically inherit their share.

In Georgia, if someone dies without a spouse or children, the estate passes to other relatives in this order: parents, then siblings (and their descendants), then grandparents, then aunts and uncles (and their descendants). If no relatives exist, the estate escheats to the state.

Who Inherits Without a Will in Georgia?

When someone dies without a will in Georgia, state intestacy laws determine how their estate is distributed. These laws prioritize the surviving spouse and children, with specific rules for different family situations.

Georgia uses separate property rules. The surviving spouse's share depends on whether children survive and, in some cases, whether the spouse has children from another relationship.

Georgia distributes assets to descendants using the "per stirpes" method. Per stirpes

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