When a loved one passes away, it can be a heartbreaking and chaotic time for the family. But when someone dies without a will—also known as dying intestate—it often creates even more confusion, conflict, and unintended consequences, especially here in Georgia.
If you’re a homeowner or have assets you’d like to pass down to specific people, this is one conversation you can’t afford to avoid. Let’s break down what actually happens if you don’t have a will in Georgia, and why that can be a major problem for your family, your legacy, and your property.
What Does “Dying Intestate” Mean?
Dying intestate means that the deceased did not leave behind a valid will. Without this legal document, the State of Georgia decides how your assets are distributed, who cares for your children, and even who has access to your home. It’s not based on your wishes—it’s based on state law.
Georgia’s Intestate Succession Laws: Who Gets What?
When you die without a will in Georgia, the state follows intestate succession laws, which distribute your property in a specific order:
- If you’re married with no children: your spouse inherits everything.
- If you’re married with children: your spouse and children split your assets equally (but the spouse always gets at least 1/3).
- If you have children but no spouse: your children inherit everything equally.
- If you have no spouse or children: your parents, then siblings, then nieces/nephews are next in line.
While this seems straightforward, it can quickly get messy, especially if:
- You have blended families or stepchildren.
- You want to leave specific items to certain people.
There are multiple heirs and no clear plan for jointly inherited property.
The Hidden Risk: Heirs Property
Here’s where it gets even more complicated—heirs property.
When real estate is passed down without a will and multiple family members inherit it, the property becomes heirs property. That means:
- Everyone owns a portion, but no one has clear title.
- Decisions (like selling or refinancing) require agreement from all heirs.
- Disagreements can lead to forced sales or court battles.
- Predatory investors often take advantage of families in this situation.
Your family home—meant to be a blessing—can turn into a burden without proper planning.
Real Talk: Why a Will Matters More Than You Think
Let’s be real: creating a will might feel uncomfortable, but avoiding the conversation can cost your family dearly—financially, emotionally, and legally.
Having a will ensures:
- You decide who gets what.
- You choose a guardian for your children.
- You minimize the chance of conflict or court involvement.
- Your property avoids becoming tangled heirs property.
Even if you have very little, a simple will can make all the difference.
Must-Watch: The Hidden Cost of Inheriting Property
For a deeper understanding of what really happens when you inherit property without a clear estate plan, watch this recent episode.
Ashley breaks down the financial, emotional, and legal burdens families often face when property is passed down with no plan in place. It’s eye-opening, especially if you’ve been told that simply “leaving the house to the kids” is enough. Spoiler: It’s not.
Whether you’re starting from scratch or updating an old plan, this episode will give you the tools (and confidence) to make estate planning a natural part of your family conversations.
Final Thoughts
Avoiding probate isn’t about dodging responsibility—it’s about taking charge of your legacy and sparing your loved ones unnecessary stress and expense. A revocable living trust, smart use of beneficiary designations, and a good old-fashioned family talk can go a long way toward making sure your wishes are followed.
Stay in the Know: Upcoming Legacy Events
From soulful dinners to practical planning workshops, our events are where real conversations about legacy, wealth, and family protection happen.
The Legacy Lounge and The Legacy Table events happen every month—and trust us, you won’t want to miss them!
✨ Subscribe to our event calendar to be the first to know about:
- Will Writing Parties
- The Legacy Lounge series
- The Legacy Table series
- Expert panels and community mixers…and so much more.
Want to Avoid the Drama Altogether?
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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