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What happens when you die without a Will?

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Most states, including the state of Georgia, have written a will for you if you pass away without a will.  This is refered to a Intestate Succession or dying intestate.  O.C.G.A. § 53-2-1 - Rules of inheritance when decedent dies without will.  The Georgia Code sets forth who your heirs are if you die without a will.  The heirs are as follows, depending on who was alive at the time you die. 

  • If you die without children, your spouse will be your heir. 
  • If you die with childen and a spouse, your spouse will inherit at least 1/3 of your estate and your children (biological and adopted) will split the rest.
  • If you have no spouse or children, then your parents will inherit.
  • If no spouse, children or parents, it will go to your siblings.
  • If no spouse, children, parents, or siblings, then it will go to your grandparents.

Your heirs will likely have to file a case in Probate Court to get title to any property they inherit if you did not have an estate plan.  There are many ways to plan ahead so you can avoid having your heirs go to court to get the title.  We offer FREE ESTATE PLANNING CONSULTATIONS.  We will first advise you how your estate and property will pass without a will.  Then we will discuss your options to avoid probate and save you and your heirs as much time and money as possible.  You will receive a FLAT RATE for our estate planning services and you are under no obligation to proceed if you want to wait and discuss with your family, or just wait until you are ready.  We simply want you to know your options and the reality of what will happen if you pass without a will.  

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The Norcross Law Firm specializes in Car Accidents, Federal Consumer Law (Fair Debt Collection Practices Act), and Estate Planning.