Heirs Determination in Georgia

Heirs determination is a critical process used to identify the rightful heirs of a person who died without a valid will (also known as dying intestate). In Georgia, inheritance in such cases is governed by O.C.G.A. § 53-2-1, which outlines a clear line of succession for distributing the estate.

Here’s how Georgia law determines who inherits what when someone passes away without a will:

A. SPOUSE AND CHILDREN

• If the deceased had a spouse but no children:
  The spouse inherits the entire estate.

• If the deceased had both a spouse and children:
  The estate is divided equally among the spouse and children, but the spouse’s share must be no less than one-third of the total estate.

• If the deceased had children but no spouse:
  The children inherit the entire estate in equal shares.

• If a child of the deceased is already deceased:
  That child’s share passes per stirpes to their own children (i.e., the grandchildren of the decedent).

🟢 Important Notes:

• Legally adopted children inherit equally with biological children.

• Children born after the decedent’s death can still inherit—if born within 10 months of the decedent's passing and survive at least 120 hours.

• Half-siblings (on either parent’s side) are treated equally with full siblings.

B. EXTENDED FAMILY

If the deceased had no spouse and no children, inheritance passes through this order:

1. Parents – The entire estate goes to the surviving parent(s).

2. Siblings and Their Descendants – If no parents survive, the estate is divided among:

   • Living siblings, and

   • Children of deceased siblings, who take their parents’ share per stirpes.

O.C.G.A. § 53-2-1(c)(4):

“If there is no surviving spouse, descendant, or parent, the brothers and sisters of the decedent and the descendants of deceased brothers and sisters shall share the estate equally, per stirpes.”

What does this mean?
“Per stirpes” ensures that if a sibling has died, their share passes to their children, even if other siblings are still alive. This avoids cutting out the nieces and nephews just because their parent (your sibling) passed away earlier.

3. Grandparents – If no siblings or nieces/nephews survive, the estate goes to the maternal and paternal grandparents, divided equally.

4. Aunts and Uncles – If no grandparents survive, it goes to maternal and paternal aunts and uncles.

5. First Cousins – If no aunts or uncles are living, inheritance is divided among first cousins.

C. What If No Heirs Can Be Found?

If no legal heirs can be identified, the estate escheats to the State of Georgia. The property will be transferred to the Board of Education in the county where the estate was probated, per O.C.G.A. § 53-2-51.

Need Help Identifying Heirs?

If you’re unsure how to determine who inherits, we recommend using a Heirs Determination Worksheet or working with a qualified probate attorney. These tools can help you trace the correct family line and understand who qualifies under Georgia law.

Final Thoughts

Navigating inheritance without a will can be stressful and confusing, especially when extended family members are involved. Georgia’s probate laws aim to distribute estates fairly and logically—but it’s still essential to understand where you stand as an heir.

➡️ Want to avoid these complications for your loved ones?
The best solution is to create a clear, legally valid estate plan in advance.

📞 Need help with probate or planning your estate?
Call Thompson Mungo Firm at (678) 855-6002 or visit www.millenialestateplanning.com to schedule a consultation.