Intestate Succession in Georgia with No Spouse and Three Children
Under Georgia law, a person who dies without a valid will (intestate) triggers statutory rules to distribute the estate. This scenario involves no surviving spouse and three children.
Disclaimer: This article provides educational information and does not constitute legal advice.
Detailed Answer
O.C.G.A. § 53-2-1 governs intestate succession when no will exists. If the decedent leaves no spouse, the entire estate passes to the surviving children in equal shares. In this scenario, each of the three children would receive one-third of the probate estate. Learn more at O.C.G.A. § 53-2-1.
If any child predeceases the decedent, that child’s descendants inherit the deceased child’s share by right of representation (per stirpes). Georgia law treats adopted children as natural heirs.
The probate process begins by filing a petition in the Superior Court of the county where the decedent last lived. The court appoints an administrator to gather assets, pay debts, and distribute the balance according to the statute.
Helpful Hints
- Gather the decedent’s death certificate and financial records.
- Identify all children, including adopted or legally recognized descendants.
- List all probate and non-probate assets (joint accounts, life insurance beneficiaries).
- File a petition for administration in the appropriate Georgia Superior Court.
- Consider hiring a probate attorney to help navigate court procedures.
- Keep clear records of all distributions and creditor notices.