Who Inherits When Someone Dies Without a Will? : Georgia Intestate Succession

When someone passes away without a will, one of the first questions families ask is, “Who gets what?”

In Georgia, the answer isn’t left up to the family. Instead, the court follows a specific set of laws known as Georgia intestate succession laws. These laws determine who inherits the estate when no valid will exists.

I’m going to keep this as simple as possible. I’m not an attorney, and this isn’t legal advice. I’m simply explaining what Georgia law says so you have a better understanding of how the process works. If you want to read the law yourself, check out Georgia Code §53-2-1, which outlines the order of inheritance when someone dies without a will.

Let’s walk through the first five degrees of intestate succession.

First Degree: Surviving Spouse and Children

The first people considered under Georgia intestate succession laws are the surviving spouse and children.

If There Is a Spouse but No Children

If someone dies without a will, leaving behind a spouse but no children, the surviving spouse inherits the entire estate.

That’s the simplest scenario.

If There Is a Spouse and Children

Things change when children are involved.

The estate is divided equally between the spouse and the children, with one important rule:

The surviving spouse can never receive less than one-third of the estate.

For example, imagine someone passes away leaving behind a spouse and eight children. Instead of everyone receiving an equal one-ninth share, the spouse would receive one-third of the estate, and the children would divide the remaining two-thirds equally.

What Happens if a Child Passed Away First?

Let’s simplify it with an example.

Suppose the deceased leaves behind a spouse and two children. Normally, each would receive one-third of the estate.

But what if one of those children passed away before the parent?

In that situation, the deceased child’s heirs—typically their own children—would inherit that child’s one-third share instead.

The inheritance doesn’t disappear. It simply passes down to that child’s heirs.

Second Degree: Parents

If there is:

• No surviving spouse
• No children

then the estate passes to the deceased person’s parents.

If one or both parents are living, they inherit the estate according to Georgia law.

Third Degree: Siblings

If there is:

• No spouse
• No children
• No surviving parents

then the estate passes to the deceased person’s siblings.

Just like with children, if one of the siblings has already passed away, that sibling’s heirs inherit their portion of the estate.

For example, if someone had one brother and one sister, but the brother had already passed away, the brother’s children would inherit his share.

This keeps inheritance flowing through that branch of the family.

Need Help Navigating Probate?

Understanding who inherits under Georgia law is only one piece of the probate process.

If you’re unsure how these rules apply to your situation, or you’re trying to probate an inherited property before selling it, it’s often worth speaking with an experienced probate attorney.

I have a trusted network of probate attorneys across most of Georgia and would be happy to connect you with one who can help answer your questions or guide you through the probate process.

If you need a referral, just reach out—we’re always happy to point you in the right direction, just fill out the form below ⬇️⬇️⬇️

Fourth Degree: Grandparents

If there is:

• No spouse
• No children
• No surviving parents
• No siblings

then the estate passes to the grandparents.

This situation isn’t very common because grandparents often pass away before their grandchildren. However, there are certainly circumstances where grandparents are still living, and in those cases, they would inherit the estate.

Fifth Degree: Aunts and Uncles

If none of the previous relatives are living, the next people in line are the deceased person’s aunts and uncles.

So by this point, there is:

• No spouse
• No children
• No parents
• No siblings
• No grandparents

The estate would then pass to the aunts and uncles.

Georgia law continues beyond this point, but the rules become much more complicated. For most situations, these first five degrees cover the majority of probate cases.

Probate Can Get Complicated

While the inheritance order sounds straightforward, probate itself often isn’t.

Every estate has unique circumstances, and it’s easy to make mistakes if you’re trying to handle everything on your own. Judges aren’t there to provide legal advice, which is why consulting a probate attorney is usually the safest approach—especially when questions arise about heirs, estate administration, or inherited property.

If attorney fees are your biggest concern, be sure to research the costs before deciding how you want to proceed. In many cases, getting professional guidance can save you time, stress, and expensive mistakes later.

Final Thoughts on Georgia Intestate Succession

When someone dies without a will in Georgia, the courts don’t make random decisions about inheritance. They follow a specific legal order known as Georgia intestate succession.

The first five inheritance levels are:

1. Surviving spouse and children
2. Parents
3. Siblings
4. Grandparents
5. Aunts and uncles

Knowing where you fit in that order can help you better understand what to expect during probate.

If you’ve inherited a property and aren’t sure what to do next, we’re here to help. Whether you need a referral to a trusted probate attorney, want a fast cash offer for your inherited house, or would rather list the property on the open market to get top dollar, we’d be happy to talk through your options.

Our goal is simply to make the probate process a little less overwhelming by giving you the guidance and resources you need to move forward with confidence.