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What happens if a loved one dies without a will?

| Jul 18, 2020 | Probate |

There are a number of factors that determine what may happen following the death of a loved one who did not draft a will. The state of their household, family members, assets and more may have their influence. If your loved one died without a will, it may help you to the various ways the probate process resolves in such cases.

Were they married?

If your loved one was married and had children with their spouse, their assets and properties will go to their spouse. However, if they were married and the children are from another marriage, the estate will likely divide between the surviving spouse and children on a 50-50 split.

Were they single?

If your loved one did not have a spouse or children, then their estate will go to their parents. Should your loved have no surviving parents, a spouse or children, their estate will go to their siblings. In the event that your loved one has none of the aforementioned family members at the time of their death, then their estate may split between surviving members of each of their parents’ families.

You may request a skipped probate process

In Georgia, if you are an heir, you may skip the probate process altogether. You and the other heirs must agree on how the assets divide amongst you and you must develop a written plan together which you will then file with the probate court.

Of course, this is a simplified version of what it may look like should your loved one die without a will. The truth is often more complicated and beneficiaries may even choose to challenge the way court distributes an estate.

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