Whether or not your loved one left a will, most estates in Georgia must go through probate—a legal process that ensures debts are paid and assets are properly distributed.

If There Is a Will—A valid will outlines how assets should be distributed and names an executor to carry out those instructions. The steps include:

• File the Will – Submit it to the county Probate Court promptly.
• Open Probate – Petition the court to formally begin the process.
• Notify Interested Parties – Inform heirs, beneficiaries, and creditors.
• Inventory Assets – Identify and value property, accounts, and other holdings.
• Pay Debts & Taxes – Settle any outstanding obligations.
• Distribute Inheritance – Transfer remaining assets to the beneficiaries named in the will.

If There Is No Will (Intestate)—When someone dies without a will, Georgia’s intestacy laws determine how the estate is divided. Here’s how it typically plays out:

• Spouse & Children – Assets are split between them, with the spouse receiving at least one-third.
• No Spouse or Children – Assets pass to parents, siblings, or extended family.
• No Living Relatives – The estate may eventually be claimed by the State of Georgia.

In these cases, the court appoints an administrator to manage the estate. Their duties are similar to an executor’s:

• Notify creditors
• Manage and protect estate assets
• Pay taxes and debts
• Distribute property according to state law

At Nelson Elder Care Law, we help executors and administrators alike navigate the probate process with clarity & confidence—whether or not a will exists.

What Happens With—or Without—a Will