Your family has spent decades watching you build something worth protecting, and a single missing document could hand those decisions entirely to the state. Dying without a will, known as dying intestate, means Georgia law steps in to distribute your assets for you, regardless of your personal wishes, your relationships, or the specific needs of the people you leave behind. According to a 2024 AARP survey, only half of adults over the age of 50 have a legal will in place, leaving estates vulnerable to outcomes their owners never intended.
At Taylor Odachowski Schmidt & Crossland, LLC (TOSC), we help Georgia families take control of their legacies before the state makes those choices for them. Our team has guided clients throughout Brunswick, St. Simons Island, and the surrounding Golden Isles through the estate planning process for decades, and we understand how much is at stake when these documents are not in place. Whether you are just beginning to think about your estate or working to update documents that no longer reflect your wishes, our St. Simons Island estate planning attorneys are here to help.
How Georgia’s Intestate Succession Laws Work
When a Georgia resident passes away without a valid will, the state’s intestate succession laws immediately determine who inherits the estate. Georgia uses a strict hierarchy of heirs based on blood relation, and this hierarchy does not account for personal relationships, promises made in conversation, or individual financial needs.
Understanding how that hierarchy plays out in practice can help illustrate just how important it is to have your own plan in place.
The Spouse and Children Division
One of the most common misconceptions is that a surviving spouse automatically inherits everything. In Georgia, that is not the case when children are also involved. If you are married and have children, your estate is divided equally among your spouse and your children, and your spouse’s portion cannot be less than one-third of the total estate value. For example, if your estate is worth $300,000 and you have a spouse and four children, your spouse receives $100,000 while the remaining $200,000 is split equally among the children.
When There Is No Spouse or Children
If you die without a spouse or children, the state moves further down the family tree. Your estate passes first to your parents, then to siblings, then to more distant relatives such as grandparents or cousins. If no living relatives can be identified, your property may ultimately go to the state of Georgia. This strict bloodline hierarchy can leave out people who were genuinely close to you (long-term partners, stepchildren, or close friends) simply because the law does not recognize those relationships as qualifying heirs.
The Probate Process Without a Will
It is important to understand that Georgia’s intestate succession laws only apply to what is called the probate estate. Assets that have beneficiary designations (such as life insurance policies, retirement accounts, or property held jointly with right of survivorship) pass directly to the named beneficiaries and are not controlled by intestate law.
For everything else, the Brunswick probate court takes over. Without a will, the court appoints an administrator to manage the estate rather than allowing you to name your own executor in advance. This person, typically a close relative, may or may not be the individual you would have chosen. The administration process tends to take longer than a standard probate proceeding with a valid will in place, adding stress and cost for the people you care about most.
What You Lose Without a Will
There are things a will can do no other document can replicate. A properly drafted last will and testament allows you to:
- Name your personal representative: You choose who manages the distribution of your estate rather than leaving that choice to the court.
- Designate a guardian for minor children: Without a will, a Georgia court determines who will raise your children, based solely on legal standards rather than your expressed wishes.
- Distribute property your way: You can leave specific assets to specific people, including friends, stepchildren, or charitable organizations that would receive nothing under intestate law.
- Minimize conflict: A clear, legally valid will reduces the likelihood of family disputes during an already difficult time.
A will is only one piece of a comprehensive estate plan. Paired with tools like a Georgia Advanced Directive for Healthcare, a Statutory Durable Power of Attorney, and in some cases a living trust or family limited partnership, you create a complete framework that protects both your assets and the people who depend on you.
Contact TOSC
Intestate succession rarely produces outcomes that match what people would have chosen for themselves, and the consequences are difficult to undo once they occur. Creating a clear, legally sound estate plan is one of the most meaningful things you can do for the people you love.
At TOSC, our team brings decades of combined experience to every estate planning matter we handle in the Brunswick and Golden Isles area. We take pride in the personal relationships we build with our clients, and we work closely with each individual to ensure their estate plan truly reflects their wishes and protects what they have worked to build. When you are ready to put a plan in place, we encourage you to reach out to our office to get started.
