- Georgia Code Section 53-2-1(b)(1) states that if a person dies without a will and he has no children, but is survived by a spouse, the spouse is the sole heir under intestate law. However, if there are children, the spouse will receive at least one-third of the estate and the children will each inherit an equal share of the remainder. If there is only one child, she and the spouse will each inherit half of the estate.
When a spouse has not survived a decedent, Section 53-2-1 (b)(3) requires that the children inherit the entire estate in equal shares. If there are no children, Subsection (b)(4) states that the decedent's parent will inherit. If they are also deceased, siblings are entitled to inherit under Subsection (b)(5). More distant relatives, including aunts and uncles, nieces and nephews, or cousins, may be entitled to inherit if they are the decedent's closest surviving relatives. - A decedent can include most of his estate in his will and set forth who will inherit. However, not all property is willable. For example, if the decedent had a life insurance policy, the proceeds are automatically paid to the named beneficiary upon submission of a death certificate. The decedent cannot change the beneficiary of the policy in his will. Any changes must be made with the life insurance company directly prior to death. Additionally, any property placed in a trust, such as a bank account or even a residence that the decedent had a life estate to, allowing him to maintain control and possession until death, passes to the beneficiary set forth in the trust. Lastly, if the decedent was a joint owner of any property in his estate, the surviving owner automatically inherits the decedent's share because property owned jointly is held with a right of survivorship.
- Unlike most states, which require a testator (the person making the will) to be over 18, Georgia requires that a testator be only 14 years old. The testator must be competent and capable of making decisions. The will must be voluntary and free from any undue influence. The will must also be in writing and the testator must sign the document. The signing must occur before two witnesses, who must also sign the will. The testator can name anyone as a beneficiary, except a person who witnessed the will signing.
- The testator has the right to completely exclude his surviving spouse from the will. However, if he chooses to do so, the court will still award the spouse some of the estate in order to provide support for 12 months. The amount awarded will increase if the testator had minor children in the spouse's care also in need of support.
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