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Who inherits if a spouse dies without a will in Georgia?

Who inherits if a spouse dies without a will in Georgia?

Q: How long do heirs have to claim property?

In Georgia, heirs typically have four years from the date of death to file a claim for property through probate. If the estate is not probated, heirs may face challenges in claiming their inheritance. It's advisable to act promptly and consult with a probate attorney to ensure all legal rights are preserved.

Full question:

This question is for a friend. Her husband died and he has a daughter(adult) from a former marriage. He died without a will and his wife wanted to know who his estate goes to. They have two homes but one is in his name only and she is worried about his ex wife and adult daughter trying to take it from her. She isn't on the homes title but lives there and pays all the bills. What rights does she have and what could happen?

Category: Wills and Estates
Date: 04/07/2025
State: Georgia

Answer:

In Georgia, when a person dies without a will (intestate), the distribution of their estate follows specific rules. If the deceased has children from a previous marriage, the surviving spouse is entitled to a portion of the estate, but the children will also inherit. Specifically:

(1) If there are children, the surviving spouse receives a child’s share. If there are four or more children, the spouse gets one-fourth of the estate, with the children sharing the remaining three-fourths.

(2) The surviving spouse can take possession of the estate after settling any debts of the deceased.

In your friend's case, since her husband had an adult daughter from a previous marriage, she may not inherit the entire estate. The daughter could claim a share of the estate, including the home solely in the husband's name. However, if the wife has been living in the home and paying the bills, she may have some rights to continue living there, especially if she can demonstrate her contributions.

It’s advisable for her to consult with a probate attorney to understand her specific rights and options, especially regarding the home and any claims from the ex-wife and daughter. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to a mortgage when someone dies without a will?

When someone dies without a will, the mortgage does not automatically disappear. The responsibility for the mortgage typically passes to the estate. If there are surviving family members, they may need to continue making payments to avoid foreclosure. If the deceased was the sole borrower, the lender may require the estate to settle the mortgage before transferring property ownership. It's important for heirs to consult with a probate attorney to understand their obligations and options regarding the mortgage.

How do you put heir property in your name?

To put heir property in your name, you typically need to file a petition for probate in your state. This process involves identifying all heirs, valuing the estate, and possibly obtaining a court order to transfer ownership. In some cases, heirs can execute a deed to transfer property among themselves. It's advisable to consult with a probate attorney to ensure compliance with state laws and to handle any disputes that may arise.

What happens when a person dies without a will and the property must be divided among heirs or a will is disputed?

When a person dies without a will, their property is distributed according to state intestacy laws. Heirs are determined based on familial relationships. If a will is disputed, the probate court will evaluate the validity of the will. Until resolved, the estate may be held in limbo. Consulting with a probate attorney is essential to navigate these complexities and protect your interests.

How to get heir property in your name without a will?

To get heir property in your name without a will, you may need to initiate a probate process. This involves filing a petition with the probate court to establish the heirs and their shares of the estate. If all heirs agree, they can sign a deed transferring property ownership. Legal guidance from a probate attorney can help ensure the process is completed correctly and efficiently.

How long do heirs have to claim property?

How long do you have to file probate after death without a will?

In Georgia, there is no strict deadline for filing probate after someone dies without a will, but it is generally advisable to file within four years of the death. Delaying probate can complicate the process and may affect the distribution of the estate. Consulting with a probate attorney can help ensure timely and proper filing.

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