When a loved one passes away without a will in Georgia, families are often left to navigate a confusing and stressful legal process—one that can have long-term consequences. If you’re a homeowner or have real estate in your family, this situation can quickly spiral into what’s known as heirs property—a term that’s caused many Georgia families to lose land, homes, and generational wealth without even realizing it was at risk.
What Does “Dying Intestate” Mean?
In Georgia, if you pass away without a will, you are considered to have died intestate. This means the state—not your family—decides who gets what. The probate court follows a strict formula to divide your estate among your closest relatives, whether or not that’s what you would have wanted.
This can create tension, confusion, and delay—especially if you own property. Without a named executor or a clear plan, your heirs may inherit the property jointly, which can lead to complications down the line.
Enter: Heirs Property
Heirs property happens when real estate is passed down to multiple family members without a will or deed specifying ownership. Over time, as generations pass away and more heirs are added, ownership becomes fractured. No one person has full control, and it becomes nearly impossible to sell, refinance, or even make basic decisions about the property.
Heirs property is a common reason families lose their homes, especially in historically marginalized communities. Predatory developers and investors can force sales, taxes can go unpaid, and families can get locked out of what was meant to be a legacy.
Why Every Homeowner Needs a Will
Creating a will is one of the simplest, most powerful tools for protecting your family’s future. It lets you:
- Name exactly who inherits your home and assets
- Choose a trusted person to manage your estate
- Prevent confusion and conflict among loved ones
- Avoid the risk of your property becoming heirs property
Watch Our Latest YouTube Video: Why Every Homeowner Needs At Least a Will – Protect Your Family’s Future
We break all of this down in our YouTube video, Why Every Homeowner Needs At Least a Will – Protect Your Family’s Future with Ashley Edwards | E3. Learn the real risks, real stories, and simple steps you can take today to protect your family.
Our videos are designed to make these complex topics simple and actionable. Click the button below to subscribe to our channel!
Save the Date: April Legacy Table — “Probate and Mortgages”
Join us later this month for the next Legacy Table gathering at Bar Vegan!
We’ll dive into how mortgages are handled during probate and what every family should know to avoid foreclosure or missteps.
Good vibes, networking, and important conversations—coming soon.
Be sure to follow us on Eventbrite to be the first to know when tickets drop!
Note: Tickets do not include a meal. Please plan to purchase at least one menu item. A tip for your server is also appreciated!
Want to stay informed about more estate planning workshops and educational events? Check out our events page to be the first to know about upcoming opportunities to protect your family’s future.
The Next Will Writing Party? Coming Soon!
We’re bringing back our crowd-favorite Will Writing Party this August!
Expect soulful conversations, legal guidance, dinner, and a DJ.
Date to be announced soon—stay tuned and follow us on Eventbrite so you don’t miss it.
Ready to Take the First Step?
If you’re feeling overwhelmed, don’t worry—we’re here to help. Book a free 20-minute call with Ashley to get personalized advice on your situation.
Let’s work together to create a plan that ensures your family’s future is secure and stress-free.
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