How children inherit an intestate estate in Georgia: detailed explanation

This article explains, in plain language, how a person’s children inherit when the person dies without a will under Georgia law. It covers how shares are calculated, what happens if a child has already died, and practical steps families should take during estate administration. This is educational only and not legal advice. For help with a real case, consult a Georgia attorney.

Detailed answer: how succession among children works when there is no will

When someone dies without a valid will (intestate) in Georgia, the state’s descent-and-distribution rules determine who inherits. The general rules for children are:

If the decedent is survived only by children (no spouse), the children inherit the entire estate, sharing equally. In other words, each living child receives an equal share.
If a child of the decedent died before the decedent but left surviving descendants (for example, grandchildren), those descendants step into the deceased child’s place and inherit that child’s share by right of representation (commonly called “per stirpes” distribution). The grandchildren split the deceased child’s share among themselves.
If a child died leaving no surviving descendants, that child’s share is divided among the surviving children (or their descendants under the representation rule) according to the same rules.

These rules come from Georgia’s laws on descent and distribution (see Title 53, Chapter 2 of the Official Code of Georgia Annotated): OCGA Title 53, Chapter 2 (Descent and Distribution).

Simple examples (hypotheticals)

Example 1 — Three surviving children, no spouse: The decedent’s estate divides into three equal parts. Each child receives one-third.

Example 2 — One child predeceased but left two children (two grandchildren), and two other children survive: The estate divides into three equal shares (one for each of the decedent’s three children). The two grandchildren jointly receive the share their deceased parent would have received, splitting that one-third between them.

Example 3 — Two children predeceased, one without descendants and one with one child, and one child survives: The estate divides into as many shares as the decedent had children. The share of the child with a surviving descendant goes to that descendant; the share of the child without descendants is reallocated to the remaining class according to the statute.

Other important points under Georgia law

Adopted children. In Georgia, an adopted child generally inherits from and through the adopting parent in the same way a biological child does (adoption statutes and probate practice affect this). If adoption occurred, the adopted child typically takes as a child of the adoptive parent for intestate succession.
Nonmarital children. Children born out of wedlock are generally entitled to inherit from a parent if paternity is established under Georgia law.
Simultaneous deaths and timing. If a child and the decedent die in a common disaster or at about the same time, special rules can affect whether the child is treated as surviving the decedent. Georgia’s descent-and-distribution statutes address survivorship questions; specific timing rules (and the 120-hour rule in some states) can affect distribution. See Title 53 resources above and consult counsel for complex survivorship situations.
Personal representative and administration. When there is no will, someone must be appointed by the probate court to administer the estate. Priority for appointment follows statutory rules (spouse, adult children, other relatives). The personal representative collects assets, pays debts, and distributes property under Georgia law.

When you should get an attorney

Consider consulting a probate or estate attorney if any of the following apply:

Family members dispute who should inherit or who should be the personal representative.
There are adopted or nonmarital children and paternity or adoption records are unclear.
The estate contains complex assets (business interests, out-of-state property, retirement accounts, or significant debts).
There are potential creditor claims, tax issues, or a mixture of community and separate property (in limited circumstances).

Helpful hints

Gather documents early: death certificate, birth certificates for children, marriage certificates, adoption decrees, and any available financial records.
Make a family tree: list the decedent’s children, identify who is alive, who predeceased, and which grandchildren descend from which child. This clarifies per-stirpes distribution.
Check for a hidden will: confirm the decedent did not leave a valid will by searching the decedent’s home, safe deposit box, email, or with the county probate court.
Ask the probate court clerk for local forms and procedures. County probate practices vary; clerks can provide basic filing information but not legal advice.
Keep good records. The personal representative must account for receipts, expenses, and distributions. Clear records reduce family conflict and ease court review.
If a parent died without children but with grandchildren, know that grandchildren only inherit if their parent (the child of the decedent) predeceased the decedent or is otherwise excluded; representation rules control this.
When in doubt, consult a Georgia probate attorney early—especially if the estate has mixed-ownership property (joint tenancy, TOD accounts), out-of-state assets, or creditor issues.

Disclaimer: This information explains general Georgia intestacy principles and is not legal advice. Laws change and every case has unique facts. For advice about a particular situation, contact a licensed Georgia attorney.