How is an intestate estate divided among the surviving heirs?
In Georgia, an intestate estate (when there is no valid will) is divided among the surviving heirs according to the rules of intestate succession. Intestate succession is the state’s default plan for distributing assets when a person dies without a will or other legally enforceable document. In Georgia, the distribution of assets depends on who the decedent leaves behind. If the decedent’s spouse is alive, they will receive the first $50,000 of the estate plus one-half of the remaining balance. If there are children of the decedent, the spouse will receive the first $25,000 plus one-third of the remaining balance. Any remaining balance will then be divided equally among the children or their descendants. If the decedent has no surviving spouse, the assets will be divided evenly among the surviving children or their descendants. If there are no surviving children or their descendants, the decedent’s siblings or their descendants will receive the estate. If there are no surviving siblings or their descendants, the estate will go to the decedent’s parent or parents. If the decedent has no surviving parents, the intestate estate goes to the decedent’s closest living blood relatives, in descending order of kinship. In conclusion, in Georgia, the distribution of an intestate estate depends on who the decedent leaves behind, with the default plan being the rules of intestate succession. The spouse, children, siblings, and other descendants will receive the assets in proportion to their relationships to the decedent.
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