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Georgia Code Section 53-2-1(b)(1) states that if a person dies without a will and he has no children, but is survived by a spouse, the spouse is the sole heir under intestate law. However, if there are children, the spouse will receive at least one-third of the estate and the children will each inherit an equal share of the remainder. If there is only one child, she and the spouse will each inherit half of the estate.

When a spouse has not survived a decedent, Section 53-2-1 (b)(3) requires that the children inherit the entire estate in equal shares. If there are no children, Subsection (b)(4) states that the decedent s parent will inherit. If they are also deceased, siblings are entitled to inherit under Subsection (b)(5). More distant relatives, including aunts and uncles, nieces and nephews, or cousins, may be entitled to inherit if they are the decedent s closest surviving relatives.

A decedent can include most of his estate in his will and set forth who will inherit. However, not all property is willable. For example, if the decedent had a life insurance policy, the proceeds are automatically paid to the named beneficiary upon submission of a death certificate. The decedent cannot change the beneficiary of the policy in his will. Any changes must be made with the life insurance company directly prior to death. Additionally, any property placed in a trust, such as a bank account or even a residence that the decedent had a life estate to, allowing him to maintain control and possession until death, passes to the beneficiary set forth in the trust. Lastly, if the decedent was a joint owner of any property in his estate, the surviving owner automatically inherits the decedent s share because property owned jointly is held with a right of survivorship.

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