Without a valid will, Georgia’s inheritance statutes require the probate court to find the deceased’s heirs. Theunder the Georgi’s intestate succession method.
If the deceased dies without a spouse or children, the court must find the closest living relative and distribute the estate. A relative who lives outside of Georgia also qualifies as an heir to take ownership of the property and assets.
May a surviving spouse or children receive an inheritance?
A surviving spouse may inherit all the deceased’s property, but only if the couple does not have children. With children, the court divides the deceased’s assets evenly between the surviving spouse and each child. By law, however, the surviving spouse receives at least one-third of the value of the estate.
If the deceased does not have a spouse, the court divides all the assets evenly between the children. Inheritance laws do not differentiate between biological or adopted children, and they may all receive an equal portion of the estate. Foster kids and stepchildren, however, do not inherit anything without a valid will.