What if the Will was invalid or there was no will, who is entitled to share in the estate?

If a Georgia Will is legally invalid, or there was no will, the decedents estate will pass according to Georgia’s Intestacy Statute. This statute provides that a decedents surviving spouse will share the estate with the decedents surviving children, except that the spouse will never take less than 1/3 of the estate. So, 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.


However, if you have ideas about who should get your assets and how your estate should be divided, it is important that an attorney draft the documents that meet your needs. Here, at Rabalais Law, I can help you meet your goals and wishes in relation to your assets, so Georgia law doesn’t choose for you.

I am committed to helping you protect your assets and I would welcome the opportunity to work alongside you in designing your plan. Give me a call at (404) 260-1901 to arrange for a time to discuss a customized and comprehensive estate plan for you. You can also register for an educational seminar at www.twestateplanning.com, or call our seminar line to register at (800) 283-8252.