In 2009, approximately 67,402 people died in Georgia according to the U.S Department of Health and Human Services. Most of these people died without a will, trust, or other estate plan in place.
Dying without a will is called dying “intestate”. If a Georgia resident dies intestate, their assets will be distributed in accordance with Georgia statutory law, specifically, the Official Code of Georgia § 53-2-1. The same holds true if a Georgia resident dies with an ineffective will, an invalid will, a will that does not properly dispose of all property, or a will that specifies that property should pass according to Georgia statutory law.
Georgia law regarding how property is distributed when someone dies intestate is complicated and it is best to consult with an Atlanta probate attorney who can properly analyze your specific circumstances. However, here is an overview of the general rules regarding how property passes when someone dies intestate:

• If an Atlanta resident leaves behind a spouse and no children, the entire estate passes to the spouse.
• If an Atlanta resident leaves behind a spouse and two or less children, the spouse and each child receive an equal share of the estate.
• If an Atlanta resident leaves behind a spouse and three or more children, the spouse receives one-third of the estate and each child receives an equal portion of the remaining two-thirds of the estate.
• If an Atlanta resident is not survived by a spouse, child, or grandchild, the estate passes on to their parents who share equally.
• And so on…

Adopted children, non-marital children, and children conceived before the parent’s death are treated in the same manner as children born of a marriage under the Georgia laws of intestacy. A number of factors complicate this process such as monetary advancements made to a child or spouse or situations where a child dies before a parent. Distributing the estate of a loved one who died intestate can be very complicated and we recommend you consult with an Atlanta probate attorney.