How to Claim Your Share of a Mother's Estate in Georgia When She Dies Without a Will

Detailed Answer

Short summary: If your mother died in Georgia without a will (intestate), Georgia’s intestacy laws determine who inherits and what share each heir receives. To claim your share you will usually need to open a probate estate (or use a simplified collection procedure when available), provide proof of your relationship, and follow the court’s administration and distribution process under Georgia law.

Who inherits when someone dies without a will in Georgia?

Georgia’s intestacy statutes set the order of heirs. The basic rules are:

• If the decedent is survived by a spouse and no descendants (children, grandchildren), the spouse inherits everything.
• If the decedent is survived by a spouse and descendants who are all also descendants of the spouse (for example, the couple’s children), the spouse inherits everything.
• If the decedent is survived by a spouse and descendants some or all of whom are not descendants of the spouse (for example, children from a prior relationship), the spouse inherits one-half of the intestate estate and the descendants share the other half.
• If there is no spouse, the decedent’s descendants inherit the entire estate, distributed by representation (per stirpes).
• If there are no descendants, the estate passes to parents, then siblings, and then more remote relatives under the succession statute.

These rules are set out in Georgia’s intestacy statute, O.C.G.A. § 53-2-1. For the statute text, see: O.C.G.A. § 53-2-1 (Intestate succession) and consult the Georgia General Assembly site: https://www.legis.ga.gov.

Step-by-step: How to claim your share

1. Obtain certified copies of the death certificate. You will need multiple certified copies to present to banks, title companies, and the probate court.
2. Gather documents proving your identity and relationship. Examples: your birth certificate, your mother’s birth certificate, marriage certificates, or any documents that show parentage. If you were adopted or there is a question about parentage, gather adoption records or other proof.
3. Locate assets and creditors. Identify bank accounts, safe-deposit boxes, real estate deeds, life insurance, retirement accounts, and any debts. Some assets pass outside probate (payable-on-death accounts, jointly owned property, life insurance beneficiary designations).
4. Determine whether probate administration is required. Many assets need a probate estate to transfer title (for example, sole-name real estate or bank accounts without payable-on-death designation). Small-asset collection procedures may exist for minor estates, but banks and title companies set their own thresholds and requirements. Contact the clerk of the Superior Court in the county where your mother lived to learn local practice and whether a full administration is necessary.
5. If needed, open an estate with the probate court (Superior Court). File a petition for letters of administration (often called letters of intestacy or administration) so the court can appoint an administrator. The administrator gathers assets, pays valid creditors, files inventories and accountings, and then distributes the remainder to heirs according to Georgia law.
6. Provide proof of heirship to institutions. Once you are recognized as an heir or appointed administrator, banks and other institutions will usually release funds or transfer property after seeing letters of administration and certified death certificate.
7. Distribution. After debts and expenses are paid and the court approves distributions (if supervisory probate), assets are distributed to heirs under the intestacy rules described above.

How to calculate your share — simple examples

Example A: Surviving spouse and only children of that spouse (all children belong to both parents). The spouse inherits 100% of the probate estate.

Example B: Surviving spouse and one child who is the spouse’s child and one child from a prior relationship. The spouse receives one-half of the estate; the two children share the other half (each child’s portion is determined by representation).

Example C: No spouse, surviving children only. The children inherit the entire estate per stirpes. If a child predeceased but left children (grandchildren), that branch shares the child’s portion.

When you might not need administration

Some assets transfer outside probate (e.g., accounts with named beneficiaries, jointly titled property with right of survivorship). For low-value estates or estates composed only of certain personal property, the county may permit collection by affidavit or other simplified procedures. Because the rules and bank practices vary, confirm with the county clerk or a probate attorney.

Common complications

• Disputed heirship (e.g., paternity or adoption questions).
• Claims from creditors that must be resolved before distribution.
• Real property needing a formal probate conveyance to clear title.
• Multiple potential administrators or disagreements among heirs.

Where to get help

Start by contacting the clerk of the Superior Court in the county where your mother lived. Clerks can explain local filing steps and required forms. For complex or contested estates, consider hiring a probate attorney who handles intestacy and estate administration in Georgia.

Note: For the statutory text about intestate succession, see O.C.G.A. § 53-2-1: https://law.justia.com/codes/georgia/2020/title-53/chapter-2/section-53-2-1/. For official state legislative resources, see the Georgia General Assembly: https://www.legis.ga.gov.

Helpful Hints

• Get several certified death certificates right away; institutions usually require originals.
• Make a list of bank accounts, insurance policies, retirement accounts, and safe-deposit locations before contacting the court or institutions.
• Ask the county Superior Court clerk if your county accepts a small-estate affidavit or similar simplified procedure.
• If there are disputes about parentage, adoption, or heirs, collect any legal documents (adoption decrees, previous court orders, DNA results if available) that support your claim.
• Keep clear records of communications with banks, title companies, and the court (dates, names, and what was provided).
• Expect creditors to have a limited time to present claims; do not distribute assets until creditor deadlines and required notices are handled.
• If real property must be sold or transferred, title companies may require letters of administration or a court order — plan for time and possible costs.
• When in doubt, consult a Georgia probate attorney for targeted advice — an attorney can explain local practice, prepare and file required documents, and represent you if heirs contest the estate.

Disclaimer: This article provides general information about Georgia probate and intestate succession. It is not legal advice. Laws change and each situation is unique. Consult a licensed Georgia attorney or your county Superior Court clerk to get advice tailored to your specific circumstances.