Many people assume the people they care about most,  a trusted partner, lifelong friend, or chosen family, will inherit their hard‑earned assets. However, in Georgia, the law doesn’t consider emotional closeness or personal estrangement.

If you die without a valid estate plan, your estate will be distributed according to Georgia’s laws of intestacy, and estranged family members legally have the right to inherit under those rules. That means people you haven’t spoken to in years, or no longer consider family, can end up receiving your property, money, and valuables.

Georgia Intestacy Law Determines Who Inherits Without a Will

Georgia Code § 53‑2‑1 outlines how property is distributed if someone dies intestate (without a will). In these situations:

• A spouse and children are first in line.

• If there are no children, parents inherit the estate.

• If there are no parents, the estate can pass to siblings, grandparents, aunts/uncles, or even cousins, depending on who survives.

This distribution doesn’t take into account whether you were close to these relatives, whether you were estranged, or whether you wanted them to inherit.

Important: Georgia law treats all legally recognized relatives the same, regardless of whether they are biologically related or legally adopted, and regardless of personal relationships.

Estranged Family Members Can Still Inherit Without a Plan

Because intestacy laws follow family connection, not personal wishes, estranged relatives can still have a right to inherit as heirs, such as:

• An adult child you haven’t spoken to in years;

• A parent who hasn’t been in your life;

• A sibling you’re estranged from; or

• A distant relative you never intended to benefit.

Even if you wanted to disinherit them, without a proper estate plan, Georgia law (O.C.G.A. § 53-2-1) gives them legal rights to a share of your estate.

For example, if you die without a will in Georgia, your estate is distributed according to statute:

• An estranged spouse may still have the legal right to inherit a portion of your estate.

• If you are survived by a spouse and children, including estranged children, they will share the estate as dictated by law.

• If there is no surviving spouse, your children inherit the estate, regardless of the nature of the relationship.

• If you have no spouse or children, your estate may pass to parents, siblings, or other relatives, including family members you may not have had contact with for years.
  
  

Creating a Will Lets You Choose Who Inherits — Including Excluding Estranged Relatives

A legally valid will lets you:

✔ Name specific people to inherit your assets
✔ Legally exclude estranged family members
✔ Appoint someone you trust to carry out your wishes

In Georgia, you do not need to provide a reason for excluding someone. All that matters is that your will is clear and properly executed so courts can follow your intent.

But be careful: only the portions of your estate covered by the will are governed by your instructions.  Assets not mentioned can still pass under intestacy rules. 

Updating Your Estate Plan Is Essential

Having a will isn’t enough if it’s outdated. Life changes, such as divorce, remarriage, births, deaths, reconciliation, or changes in relationships, can affect who inherits.

After a divorce, Georgia law may revoke some provisions for an ex‑spouse, but it doesn’t automatically update every document, especially trusts, which still may name an ex‑spouse as a beneficiary or trustee unless you revise them.

Even if you have once made an estate plan, you still need to review it regularly to ensure your assets go to the people you truly want, and not an estranged relative or former spouse.

Trusts Provide Even Stronger Protection

A revocable living trust can:

• Avoid probate (the court process that applies intestacy law)

• Keep your wishes private

• Make it harder for estranged family members to challenge your plan

• Provide for specific distributions outside of probate

Because trusts don’t go through probate, the strict intestacy rules don’t apply in the same way, giving you more control over your legacy.

Estate Planning Protects Your Legacy and Your Loved Ones

Your wealth represents years of sacrifice, work, and commitment. Without a properly drafted and updated estate plan, Georgia’s intestacy laws will step in and decide who inherits, often giving estranged family members a legal right to your estate you never intended.

Estate planning ensures your legacy goes to the people you choose, not someone you don’t want to benefit.

Protect Your Legacy Today

The Thompson Mungo Firm helps Georgia residents create and maintain estate plans tailored to real‑life family dynamics, including excluding estranged relatives and avoiding unintended heirs.

📞 Call 678‑855-6002
📍 Serving Georgia families with clarity and compassion