Detailed Answer — How Georgia law treats jointly held bank accounts and property when someone dies without a will

Short answer: In Georgia, whether money or real property passes automatically to the surviving co‑owner or becomes part of the deceased person’s estate depends on how the asset was titled. Some jointly held accounts and property pass outside probate by survivorship or beneficiary designation. Other interests (for example, a tenant in common share or assets in the deceased’s sole name) become part of the estate and are distributed under Georgia’s intestacy rules (O.C.G.A. Title 53).

Key concepts to understand

Titling matters: The deed or account agreement controls whether ownership passes automatically. Look at the exact wording: “joint tenants with right of survivorship,” “tenants in common,” or named beneficiaries/POD/TOD (payable-on-death / transfer-on-death).
Survivorship vs. intestacy: Assets with a valid right-of-survivorship or beneficiary designation pass to the survivor or beneficiary outside probate. Assets without those features follow Georgia’s intestacy statutes and go through probate (if probate is needed).
Creditors and claims: Even if a joint owner receives an asset by survivorship, the estate’s creditors may have claims against the decedent’s probate estate. Also, joint accounts can raise creditor and tax issues for surviving owners.

Joint bank accounts

How the bank account is titled determines what happens:

Joint account with rights of survivorship (JTWROS): When the account is lawfully established as a joint account that creates a right of survivorship, the surviving joint owner generally becomes the sole owner of the funds automatically. Banks typically require a death certificate and identification before releasing funds.
Joint account labeled simply “joint” but ambiguous: If the account agreement or signature card is unclear, a bank may freeze access until it receives legal proof (probate, affidavit, or court order). The bank’s written agreement and state law govern disputes about ownership.
Payable-on-death (POD) / beneficiary designated accounts: If a beneficiary is named, the money passes directly to that beneficiary outside probate.
Account in decedent’s sole name: The funds are part of the probate estate and cannot be accessed by others without probate or a proper small‑estate procedure.

Real property (land, houses) and titling

Joint tenants with right of survivorship: If the deed names the owners as joint tenants with right of survivorship, the deceased’s share passes automatically to the surviving joint tenant(s) and does not descend by intestacy.
Tenants in common: Each owner holds a fractional share that does not automatically pass to the other owner(s). The deceased owner’s share becomes part of the estate and will pass according to Georgia’s intestacy rules if there is no will.
Deed with survivorship language or TOD deed: Some deeds or transfer-on-death beneficiary deeds (if used in the future) can pass title outside probate when properly drafted. Check the deed wording and county recording office.

Georgia intestacy basics (when there is no valid survivorship or beneficiary)

If property becomes part of the probate estate because it did not pass by survivorship or beneficiary designation, Georgia’s intestacy rules decide who inherits. These rules are found in the Official Code of Georgia Annotated (O.C.G.A.), Title 53 (Probate) — see the Georgia Code for details: O.C.G.A. Title 53 (Probate). In general:

If the decedent is survived by a spouse but no surviving children or parents, the spouse usually inherits the entire intestate estate.
If the decedent is survived by a spouse and children who are all also children of the surviving spouse, the spouse often inherits all or a large portion depending on the circumstances.
If the decedent has children from another relationship or no surviving spouse, intestacy shares are divided among children, parents, siblings, or more distant relatives according to the statutory priority.

Probate and small‑estate procedures

When assets are part of the estate, the personal representative (administrator if intestate) handles probate to gather assets, pay valid debts, and distribute remaining property to heirs. Georgia also has simplified or summary procedures for small estates in some cases that can avoid full probate. For the specific probate and administration procedures, see O.C.G.A. Title 53: https://www.legis.ga.gov/gacode/title/53.

Common practical scenarios (hypothetical examples)

Mary and John hold a bank account labeled “John and Mary, joint tenants with right of survivorship.” John dies without a will. Mary can typically access the account after presenting John’s death certificate and ID. The account generally does not become part of John’s probate estate.
Sam and Alex own a house as tenants in common. Sam dies intestate. Sam’s 50% interest becomes part of Sam’s estate and will pass to Sam’s heirs under Georgia intestacy law; Alex does not automatically receive Sam’s share.
Pat has a bank account in Pat’s sole name with no beneficiary and a car titled only to Pat. Pat dies with no will. Those assets are part of Pat’s estate and will be distributed under intestacy rules after probate or a suitable small‑estate process.

What banks and counties often require to transfer assets

Even when lawfully entitled to the money or property, survivors typically must provide:

Certified copy of the death certificate.
Proof of identity for the surviving joint owner.
Signed affidavit of survivorship or other forms the bank requires (some banks have their own affidavit form).
For real property, a recorded deed showing survivorship language, or probate court documents transferring title if the asset is in the estate.

When survivors should consider involving a probate court or an attorney

There is a dispute about whether a survivor truly has survivorship rights.
A bank freezes a jointly titled account or refuses to release funds.
Significant debts or creditor claims threaten the estate or jointly held assets.
Real property title is ambiguous or challenges arise at the county recorder’s office.

Where to look in Georgia law

Relevant portions of Georgia law include the probate and intestate succession provisions found in the Official Code of Georgia Annotated (O.C.G.A.), Title 53. For an official reference to the Georgia Code: O.C.G.A. Title 53 (Probate). For county‑level procedures (probate court forms, affidavit requirements), check your local probate court’s website.

Helpful Hints

Check the exact title wording on deeds and bank signature cards — small words like “with right of survivorship” change how property transfers.
Obtain multiple certified copies of the death certificate early; institutions commonly require them.
Contact the bank’s estate or trust department and ask what documents they need to release funds; request requirements in writing.
If an account is frozen, ask whether the bank accepts a small‑estate affidavit or an affidavit of survivorship before starting formal probate.
Even if an asset passes by survivorship, retain copies of estate and creditor correspondence — unresolved debts may later affect distributions.
If ownership is unclear or if the estate is large/complex, consult a Georgia probate attorney to avoid losing rights or creating tax and creditor exposure.

Disclaimer: This article explains general Georgia law principles and is for educational purposes only. It is not legal advice, does not create an attorney‑client relationship, and may not reflect the most current law or the details of your situation. For advice about a specific case, contact a licensed Georgia attorney or your local probate court.