Georgia Estate Planning Blog

PASSING AWAY WITHOUT A WILL

If you pass away either without a Will or with an invalid Will, the estate passes according to state law (rather than your wishes). 

Georgia’s Intestacy Statute provides that a decedent's surviving spouse will share the estate with the decedent's surviving children, except that the spouse will never take less than 1/3 of the estate. For example, if there are two children and a surviving spouse, then each of the three heirs will take a 1/3 share. If there are three children and a surviving spouse, the spouse will take a 1/3 share, and the three children will share the remaining 2/3 equally.

Most people want to ensure certain people get their assets after they pass. Without a plan in place, your property may pass to unintended people. To avoid this you must have a valid, current Last Will & Testament or a Living Trust. 

To be valid, a Georgia Will must be in writing, signed by the testator (or by another person in his presence and by his direction), and attested to by 2 or more competent witnesses. While many states recognize holographic wills (signed by the testator but not witnessed), Georgia does not. Writing a will without legal help may render all or part of it invalid.  

Work with an experienced Georgia estate planning attorney to control how your estate is ultimately divided. Our attorneys can help you meet your goals and wishes in relation to your assets, so Georgia law doesn’t choose for you.

Call our office at (404) 260-1901 to schedule a complimentary estate planning consultation with one of our attorneys. Together we will create a customized and comprehensive estate plan that is right for you and your family.