My Parent Passed Away in Georgia Without a Will — What Happens Next?

When a loved one passes away without a will in Georgia, it can feel overwhelming. Questions about who inherits, how the estate is divided, and what role the probate court plays are common. At Pemberton Law, we’re here to help you navigate this difficult time with clarity and confidence.

What Does “Dying Intestate” Mean?

If your parent passed away without a will, they are considered to have died intestate. In Georgia, this means that state laws — not personal wishes — will determine how their assets are distributed.

How Are Assets Divided Without a Will in Georgia?

Under Georgia intestacy laws, the estate is typically divided among surviving family members in a specific order. Here’s a general breakdown:

• Surviving Spouse and Children: The estate is split between the spouse and children. If there are more than two children, the spouse receives no less than one-third of the estate.

• No Spouse or Children: The estate passes to other relatives — starting with parents, then siblings, nieces/nephews, and so on.

• No Living Relatives: The estate may eventually escheat to the state of Georgia, though this is rare.

Every family’s situation is different, and that’s where the probate process becomes important.

What Role Does the Georgia Probate Court Play?

The probate court oversees the administration of the estate. This includes:

• Appointing an administrator (someone to manage the estate)

• Identifying and valuing assets

• Paying off debts and taxes

• Distributing remaining property according to intestate succession laws

Without a will, this process can take longer and may involve additional legal hurdles — especially if there are family disputes.

Do I Need a Probate Lawyer?

Navigating probate without a will in Georgia can be complex. An experienced Georgia estate attorney like Titus Pemberton can help you:

• Petition the court for administration

• Avoid common delays and mistakes

• Ensure proper asset distribution

• Represent your interests if disputes arise

Georgia Estate Law | Probate Without a Will

Losing a parent is hard enough. Don’t go through probate alone. Pemberton Law is here to guide you every step of the way with compassionate, knowledgeable support.

Need help navigating the next steps?

Contact Pemberton Law in Covington, Georgia to schedule a consultation.

Watch Attorney Titus Pemberton break it down in our latest video:

“My Parent Passed Away in Georgia Without a Will — What Happens Next?”

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