If you die without a will in Georgia, state intestate succession law splits your estate between your surviving spouse and children as equal shares, with your spouse guaranteed at least one-third no matter how many children you have. Without a spouse or children, the estate moves to more distant relatives under the same statute.
If you do not want Georgia default rules to decide who gets your property, you can put a valid will in place in a short online session with the FastWill will builder, covered in detail near the end of this guide.
Key Takeaways
- Georgia's intestacy statute at O.C.G.A. section 53-2-1 gives a spouse and children equal shares, with the spouse's portion never dropping below one-third.
- A spouse with no surviving children or other descendants inherits the entire estate.
- Descendants of a deceased child step into that child's share per stirpes rather than being left out.
- Unmarried partners and unadopted stepchildren receive nothing under Georgia intestacy law.
For the broader picture beyond intestacy, see our Georgia estate planning guide and our overview of common will mistakes in Georgia. For general background on how intestate succession works across states, Cornell Law School's overview is a useful starting point.
How Georgia divides property when there is no will
O.C.G.A. section 53-2-1 sets the default distribution, and the math changes depending on how many children survive you alongside your spouse.
Spouse only, no children
If you have a surviving spouse and no children or other descendants, your spouse is the sole heir and receives your entire intestate estate.
Spouse and one child
With a spouse and a single surviving child, the estate splits equally between the two of them, half to your spouse and half to your child.
Spouse and multiple children
With a spouse and two or more children, the estate is divided equally among your spouse and all your children, except that your spouse's share can never fall below one-third of the estate, regardless of how many children you have. So with four children and a spouse, the estate does not simply split five ways; your spouse's floor of one-third is protected first, and the children divide the rest.
Children only, no surviving spouse
If you have no surviving spouse, your children divide the entire estate equally, with the descendants of a child who died before you stepping into that child's share per stirpes rather than being cut out.
No spouse and no children
With no surviving spouse or descendants, the estate passes to your parents, then to your siblings and their descendants, and further out to more distant relatives if none of those survive you.
What about unmarried partners and stepchildren
Georgia's intestacy statute recognizes only legal spouses and blood or legally adopted relatives. An unmarried partner, no matter how long the relationship, and a stepchild you never formally adopted, both receive nothing without a will naming them directly.
What assets fall outside the equal-shares rule
O.C.G.A. section 53-2-1 only controls property titled solely in your name with no beneficiary designation. Life insurance proceeds, retirement accounts, and payable-on-death bank accounts go directly to the named beneficiary regardless of the intestacy statute, and property held jointly with right of survivorship passes automatically to the surviving co-owner. For many Georgia families, a house, a car, and personal belongings still fall under the equal-shares rule even after everything else is accounted for, which is exactly the property a will lets you control directly.
Does the estate still go through Georgia probate
Yes. An intestate estate in Georgia still goes through the probate court, applying the statutory heirs instead of your own choices. Smaller estates may qualify for a simplified process, covered in our guide to the Georgia small estate affidavit. For realistic timelines, see how long probate takes in Georgia.
Why write a Georgia will instead of relying on the equal-shares rule
The one-third floor and equal-shares formula were built for a generic family structure, not necessarily yours. A will lets you leave specific property to specific people, provide for a partner or stepchild, name a guardian for minor children, and choose your own executor instead of leaving those decisions to the probate code. For a broader look at what is at stake, see how a living trust works in Georgia alongside a will.
An equal-shares default can also be a poor fit when your children have very different financial needs, when one child has been your primary caregiver, or when you want to leave a specific heirloom to a specific person rather than have it become part of a divided pool of assets.
You can put a signed Georgia will in place with the FastWill will builder rather than leaving your estate to an equal-shares calculation that may not reflect what you actually want for your spouse and children, and rather than hoping a probate judge reaches the same conclusion you would have reached yourself.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Georgia?
Only if you have no surviving children or other descendants. If you do have children, your spouse shares the estate equally with them, though never less than one-third.
How is the estate split between a spouse and children in Georgia?
The estate is divided equally among the spouse and all children, except the spouse's share is guaranteed to be at least one-third of the estate regardless of how many children survive.
Do grandchildren inherit if their parent died before me?
Yes. If one of your children died before you but left children of their own, that branch of the family divides the deceased child's share per stirpes instead of being excluded.
Can an unmarried partner inherit under Georgia intestacy law?
No. Georgia's intestacy statute only recognizes legal spouses and blood or adopted relatives, so an unmarried partner has no automatic inheritance right.
Is probate required if I die without a will in Georgia?
Yes. The estate still goes through Georgia probate court, it simply follows the statutory heirs instead of your own instructions, which can extend the timeline for larger or contested estates.
What happens to a jointly owned house if I die without a will in Georgia?
If the house is titled jointly with right of survivorship, it passes directly to the surviving co-owner outside of probate and outside the equal-shares rule entirely, regardless of what your children might otherwise expect to receive.
Does the one-third spousal floor apply no matter how many children I have?
Yes. Whether you have two children or six, O.C.G.A. section 53-2-1 guarantees your spouse at least one-third of the estate, with the children dividing whatever remains after that floor is protected.
