Wills

In Georgia, if you pass away without a will (intestate), your assets will be distributed according to the state’s intestacy laws. Here’s a brief overview of how this process works:

1. Surviving Spouse: If you are married, your spouse will inherit the entirety of your estate if you have no children. If you have children, your spouse will be forced to share the estate proceeds equally with the children, provided, however, that your spouse’s portion shall not be less than a one-third share;
2. Children: If there is no surviving spouse, your children will inherit your estate equally. If a child has predeceased you but has surviving descendants, those descendants will inherit the share their parent would have received.
3. Other Relatives: If you have no spouse or children, your estate will pass to your parents, siblings, or further relatives according to a specific order defined by state law.

While these laws provide a default framework for asset distribution, they may not reflect your wishes or the unique circumstances of your family.

1. Control Over Asset Distribution A will allows you to specify exactly how your assets will be distributed, ensuring that your wishes are honored. You can choose beneficiaries for specific assets, and make provisions for your loved ones according to your preferences.
2. Appointment of an Executor In your will, you can designate an executor to manage your estate. This person will be responsible for settling debts, distributing assets, and ensuring that your wishes are carried out efficiently. Without a will, the court will appoint an administrator, which may not align with your intentions.
3. Guardianship for Minor Children If you have minor children, a will allows you to appoint a guardian of your choice. This is a critical decision that can provide peace of mind, knowing that your children will be cared for by someone you trust.
4. Minimizing Family Disputes A clearly outlined will can help reduce conflicts among family members regarding asset distribution. By communicating your wishes in writing, you can help prevent misunderstandings and disputes after your passing.
5. Ease of the Probate Process While all estates go through probate, having a will can simplify this process. It provides clear instructions for the court, which can expedite the distribution of your assets and reduce potential delays.

Creating a will is an essential step in your estate planning process. It gives you control over your assets and ensures that your wishes are respected. At Garrett Murphy Law, we help those in Augusta, Georgia, Evans, Georgia, and the surrounding areas navigate the complexities of Georgia’s laws.