Planning ahead isn’t always comfortable. No one enjoys thinking about death or paperwork. But writing a will? That’s one of the most important things you can do for the people you care about.
One question we hear often is, “What happens if I die without a will in Georgia?”
The answer is simple, and also serious: the state steps in.
When someone passes away without a valid will, it’s called dying intestate. That means Georgia law decides what happens to everything you owned. There’s a formula. It’s automatic. It doesn’t care what you may have said, or what your family thought you meant. It follows the law, line by line.
Here’s how that law works:
• If you’re married with kids, your spouse and children split the estate. But the spouse must receive at least one third.
• If you’re married and have no children, your spouse gets everything.
• If you have kids but no spouse, the children inherit equally.
• If you have no spouse or children, it goes to your parents. If they’re gone, then to your siblings. Then nieces, nephews, and so on.
• If no relatives can be found, the state keeps your estate. That’s called escheat.
And here’s what Georgia doesn’t recognize without a will:
• A long-term partner who was never legally married to you
• A stepchild you never formally adopted
• A friend who helped care for you when you were sick
• A charity you supported for years
All of those people, all of those causes, are legally invisible unless they’re named in a will.
There are other consequences too. Without a will, the court picks someone to handle your estate. They may not be the person you would have chosen. The probate process may take longer and cost more. And if you have minor children, the court—not you—decides who raises them.
A valid will puts you in control. It allows you to choose who gets what, who manages the process, and who cares for your children. It gives your loved ones guidance at a time when they’ll need it most.
At Fletcher Estate Planning, we help Georgia families create estate plans that reflect real life—not just legal formulas. If you’re ready to protect your family and make your wishes clear, we’re here to help you take the first step.