Are trusts part of an intestate succession?

In Georgia, trusts are not typically part of an intestate succession. Intestate succession refers to the laws that determine who will receive the property of someone who dies without leaving a will. In Georgia, these laws are found in Title 53 of the Official Code of Georgia Annotated. In an intestate succession, property is passed directly to the deceased person’s heirs. Heirs typically include the deceased’s children, parents, and siblings. If the deceased had no heirs, the property passes to the state. All of this occurs without the involvement of a trust. Trusts can be used to provide for the passing of an estate after someone dies, but they are typically established by the deceased person through a will. In a trust, the deceased can name a trustee and beneficiaries to receive certain assets from the estate. However, this is not an option in an intestate succession, since there is no will. In summary, trusts are not part of an intestate succession in Georgia. While trusts can be used to provide for the passing of an estate after someone dies, an intestate succession does not involve a will or a trust. Instead, it is a process whereby property is passed directly to the deceased person’s heirs.

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