Any time a person passes away, there is a process in place to determine who inherits their property. This is typically handled by the probate court, where a judge determines which beneficiaries are entitled to certain assets. The terms of a person’s last will and testament will determine who has the right to inherit, but not everyone has an estate plan in place at the end of their life.
Atlanta courts will rely on Georgia intestacy laws in Atlanta when a person dies without a will. This process is based on antiquated statutes, and the outcome may not match the decedent’s final wishes. Our experienced wills attorney, Sarah Siedentopf, could help you draft a will that removes the need to follow intestacy laws.
What Assets Are Passed Through Intestate Succession?
In Atlanta, and Georgia in general, intestacy laws apply to a wide range of assets and property. Certain assets will not go through the probate process, and their inheritance will not be impacted by intestate succession rules. Some examples include:
- The proceeds of payable-on-death bank accounts
- Property transferred to living trusts
- 401(k) funds
- Assets held in joint tenancy
- Life insurance policy payouts
Some of these are beneficiary designation that supersedes intestacy laws. Often, the right to inherit is based on the terms of a contractual agreement, like an insurance policy.
Understanding Inheritance Rights Without a Will in Place
Intestacy laws have remained unchanged for generations. They are in place to create firm guidelines for dividing property after a person dies without having a will in place. Under the law, property is divided based on the specific surviving relatives.
At the top of the hierarchy are the surviving spouses and children of the deceased. If a person dies without a spouse but at least one child, their offspring inherit everything. The same is true when there is a surviving husband or wife, but no children.
These rules become more complex when a person passes away with both a spouse and one or more children. In this scenario, the spouse and all other descendants share equally. However, the spousal share cannot be less than 1/3 of the entire estate.
In cases where immediate family members do not survive the deceased, the right to inherit property falls to their parents, followed by any siblings. If none of those exist, the law can look even further down the line for relatives – and only in extreme cases with no next-of-kin do assets go to the State.
What is the Spousal Share?
One of the matters that can complicate how property is inherited is the spousal share. Under Georgia law, the spouse of a married person who dies without a will is entitled to a minimum amount of the decedent’s estate. If there are no surviving children or other descendants, that person gets everything. However, they are entitled to a minimum one-third share of the estate, no matter how many children qualify as beneficiaries. This rule is in place to ensure that a spouse who is reliant on the decedent will have resources to live on their own.
Talk to an Atlanta Lawyer About How to Get Around Intestacy Laws
Going through the probate process without a will can be challenging, as there is no flexibility on who is entitled to inherit. This is true no matter what promises might have been made during that person’s life. Reach out to an estate planning attorney to learn more about intestacy laws in Atlanta – and schedule a strategy session to discuss setting up crucial estate documents.
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