When a loved one dies without a will

Probate Law / Estates Without a Will

An estate without a valid will is called an intestate estate. Downie Law helps families work through Georgia’s rules for identifying heirs, appointing an administrator, and addressing property and obligations.

Start with the family history and the property.

Georgia law determines who inherits probate property when there is no valid will. Do not assume the surviving spouse receives everything or that the relative handling the funeral has authority to divide the estate. The family relationships and the assets must be reviewed.

Gather names and contact information for relatives, including information about children, deceased family members, and their descendants. A complete family history matters even when some relatives have been out of contact. Property titles and beneficiary arrangements also matter because not every asset passes through the probate estate.

Appointment of an administrator.

When administration is needed, a petition for letters of administration asks the probate court to appoint someone to handle the estate. Selection, notice, and qualification requirements must be addressed. Agreement among relatives can help, but authority comes through the applicable court process.

The appointed administrator must manage the estate under the governing law and orders. That includes addressing debts and expenses before appropriate distributions, while maintaining records and satisfying applicable reporting requirements. See our estate administration page for more about those responsibilities.

Could an order declaring no administration necessary apply?

Georgia has a procedure for certain intestate estates that may avoid a full administration. It requires more than calling the estate “small.” Among other requirements, the heirs must agree on the division, and debts and creditor rights must be properly addressed. The status of any existing appointment and the property involved also need review.

A written agreement and accurate property descriptions are important. Real estate, secured debts, a minor heir, an incapacitated person, or the death of an heir can complicate the analysis. We can evaluate whether this procedure fits or whether an administrator should be appointed.

Bring the facts, even if the records are incomplete.

• The death certificate and the deceased person’s last residence.
• Any document that might be a will, even if its validity is uncertain.
• Family information and available addresses.
• Deeds, account statements, insurance or beneficiary information, and known bills.
• Any petition, citation, agreement, or court order already received.

A surviving spouse or minor children may also need advice about year’s support. Inheritance, support, creditor rights, and property transfers should be considered together before anyone distributes or signs away an interest.

Helpful resource: Official instructions for no-administration petitions. Forms and general information do not determine which procedure fits your estate.

General information only, not legal advice or a guarantee of results. An inquiry does not create an attorney-client relationship. Only personal-injury consultations are free.