Intestacy – What is it?
Posted by Pamela on July 31, 2008
As a follow up to the story about the widow suing her children, this would be a good time to explain exactly what intestacy is, and how you may be affected by it.
A person who dies without a will is said to have died “intestate.” In such a situation, the court decides what is to happen to the person’s money and property. In Georgia an administrator may be appointed by the probate court to take possession of the estate, pay all debts, and then distribute the remaining property to the heirs.
Now, it is very important that you do not confuse “heirs” with “beneficiaries.” Heirs are those living individuals who are determined by law to have the right to take the property of the person who died. Beneficiaries are those persons who have been named in a will who will receive property because the person wanted them to.
Under Georgia law, if you die without a will, the law designates the following people as your heirs:
- If married with no children, then to your spouse
- If married and with children, then equal shares to your spouse and to your children, though the spouse cannot receive less than a 1/3 share
- If unmarried but with children, then to the children
- If unmarried and no children, then to the following living relatives (in order of those still living)
- Parents
- Siblings
- Nieces or nephews
- Grandparents
- Uncles and aunts
- First cousins
This breakdown simply covers where your property will go after you die – we will save the issue of taxes, fees and attorney/court costs for another discussion.
Needless to say, the court’s idea of how to distribute your hard-earned money and property may not be the same way you would like to see it happen. You have worked so hard for what you have during your lifetime – please take the time out of your busy life and plan your estate. You will give yourself peace of mind that, not only will your assets be distributed to the persons you want, but you will also save your family and friends a lot of possible frustration and headache, not to mention money and time.
