Are there any restrictions on how an intestate succession is divided?

Yes, there are restrictions on how an intestate succession is divided in Georgia. According to Georgia’s laws, the estate of a person who dies without leaving a will (intestate) goes to certain people in a certain order. First the estate will go to the spouse and children of the decedent. If the decedent does not have a spouse and children, the estate will then go to the parents of the decedent. If there are no parents, then the estate will go to the siblings of the decedent. If there are none of these relatives, then the estate will go to the decedent’s aunts and uncles or their descendants. If none of these relatives exist then the estate will be divided between the surviving grandparents of the decedent or their descendants. However, if any of the relatives listed above are deceased, the estate shall pass to the deceased relative’s surviving spouse and descendants. In addition, when a step-parent is involved, any restrictions that apply to the sharing of the estate depend on whether the step-parent created a will or not. In Georgia, when the intestate estate is divided between two or more persons, it shall be equally divided between them. Therefore, each person is entitled to receive an equal share of the decedent’s estate under Georgia law.

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