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In Georgia, when someone dies without a will, the intestate succession laws dictate that the deceased person's property goes to the closest living relative(s). Here are some common examples of how this could play out: If you die with a spouse and no children, your surviving spouse inherits everything.

The default rule is that the spouse splits the estate with the deceased's children, but the spouse will never receive less than one-third of the estate. It is important to remember that only natural and adopted children count. Stepchildren of the deceased do not count.

An inherited property in Georgia must undergo a probate process that can take up to 12 months to complete. The probate period varies statewide. It can extend in case of multiple inheritors or the absence of a will. You need to submit the owner's death certificate and property ownership proof during the probate process.

You will need to file a Petition for Letters of Administration or a Petition for Order Declaring No Administration Necessary. If all of the heirs are adults and not mentally impaired you may consider a Petition for Order Declaring No Administration Necessary.

The executor will be charged with the duty to cause an ?Executor's Deed? or ?Assent to Devise? to be drafted, executed and filed with the real estate records office where the real estate is located. The ?Executor's Deed? or ?Assent to Devise? formally transfer title from the deceased to the intended beneficiary.

In Georgia, when someone dies without a will, the intestate succession laws dictate that the deceased person's property goes to the closest living relative(s). Here are some common examples of how this could play out: If you die with a spouse and no children, your surviving spouse inherits everything.