Your loved one died without a will. Here's what Georgia law does next.

Without a will, Georgia's intestate succession statute kicks in. Here's the order, simplified:

• Spouse and children, equal shares — with a minimum 1/3 share to the spouse no matter how many children there are. So if there's a spouse and four kids, the spouse gets 1/3 and the four kids split the remaining 2/3.
• No spouse: children share equally — including children from prior relationships, adopted children, and (in many cases) non-marital children who've been legally acknowledged.
• No spouse or children: parents inherit — equally between the two if both are living.
• No spouse, children, or parents: siblings inherit — and their children if a sibling predeceased.
• Further out: grandparents, aunts/uncles, cousins — in that order. If no qualifying heirs exist, the estate escheats— goes to the state of Georgia. This is rare; usually a cousin somewhere qualifies.

Common surprises: a long-time girlfriend or boyfriend who never legally married inherits nothingunder intestate law, no matter how long they were together. Step-children inherit nothing unless they were legally adopted. The house your dad bought before he married your stepmother is still split per the law — not based on who paid for it.

With a will, the will names an executor. Without one, there's no executor — so somebody (usually the closest adult heir) has to ask the court to be appointed administrator. The court document granting that authority is called Letters of Administration.

You file the petition in the probate court of the county where the deceased lived. Filing fees run roughly $150–$300, depending on the county. Other heirs get notice and have a chance to object or to agree to the appointment.

If all the heirs agree on who the administrator should be, the process is usually quick — a few weeks to a couple months. If someone objects, or if there's disagreement about who should serve, it can take longer.

With Letters in hand, the administrator can:

• Open an estate bank account and consolidate accounts.
• Pay the deceased's legitimate debts and final bills.
• Sell the house (if all heirs agree, or with court approval), or transfer title to the heirs in their intestate shares.
• File a final accounting with the court showing every dollar in and out.

If the heirs can't agree on what to do with the house, a heir can file a partition action— asking the court to either physically divide the property (rare with a single-family home) or force its sale and split the proceeds. Partition is the legal tool for breaking deadlocks.

Georgia has a unique tool called Year's Support that lets a surviving spouse or minor child claim the house (or part of it) ahead of creditors and the regular intestate distribution. It bypasses standard probate for that asset. The petition has a 15-day notice period and, if uncontested, can transfer the house in 6–10 weeks — far faster than full administration.

Year's Support is widely under-used. If you're a surviving spouse with a house in your late spouse's name, this is one of the first questions we'll ask on the call.