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What Happens If You Die Without a Will in Georgia?

Avoid Georgia’s Probate Chaos. Take Control with a Legally Binding Will Today.

By Whitney Knox Lee, Esq. of Wills for the People October 24, 2025

Wills for the People | Lawyer and Estate Planning | Atlanta, GA


Passing away without a Will is called dying “intestate” and triggers a certain set of Georgia laws.

Georgia has a default estate plan for you if you haven’t put one in place for yourself. If you have

assets and/or debts that have to be divided, your loved one will go to Probate Court, where a

judge will determine who gets what and who cares for your children. The judge will appoint an

“administrator” (which has the same role as an executor but is appointed by a judge instead of

by the person who died) who would then carry out the tasks of closing your affairs. The

administrator could be a loved one. But it could also be a random stranger. They will research

everything they can about you to find any debts or creditors owed, assets, and potential heirs.

So much for privacy!


Based on what the administrator finds, the judge will follow Georgia law, which indicates which

creditors and heirs are entitled to your assets. Creditors will be given a chance to persuade the

judge why the debt you owed them should be paid. Heirs will do the same to try to preserve as

much of your assets as possible for themselves or your children. And, more strangers will get

involved to decide who will become the legal guardian of your children. This is nothing but a big,

hot, expensive mess.

If you are alive, over 18, with stuff, real property, minor children, or pets that you care about,

then a Will can help you keep control of who gets what after you are gone and can minimize the

likelihood that probating your estate will be a mess. Although a Will does allow your loved ones

to bypass probate, it can go a long way to keeping everything clean, tidy, and clear.

Are you ready to get this taken care of? Or have questions about what you can do to help your

loved ones avoid the probate process altogether? Take one of the steps outlined below!

Ready to Get Started?

- Book a 15-minute discovery call or RSVP for a free webinar

- Email: whitney@willsforthepeoplega.com

- Follow us on Instagram: @willsforthepeople

- Subscribe to our newsletter: https://willsforthepeoplega.kit.com/382ff6d5ba

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