|  GEORGIA
PROBATE LAW
THE RIGHTFUL HEIRS OR BENEFICIARIES
Presented by
Sharon L. Rowen, Esq.
Rowen & Klonoski, P.C.
ATTORNEYS AT LAW
225 Peachtree Street
South Tower of Peachtree Center Suite 1410
Atlanta, Georgia 30303
(404) 523 2844
Atlanta Attorney Sharon Rowen is a frequent speaker
at Georgia Continuing Legal Education Seminars for Georgia
Estate and Probate lawyers. The following is a small part
of a probate law paper written for the September, 2004 National
Business Institute Probate Lawyer Seminar in Atlanta, Georgia.
Though intended for the practicing Georgia probate attorney,
non lawyers may find answers to some basic questions regarding
Georgia probate law on heirs and beneficiaries.
Links:
Probate and Estate Home Page
Simple
Will Questionnaire
Georgia
Probate and Estate Checklist
For
the Georgia Probate Attorney
Out
of the State of Georgia Probate Issues
Out of the State of Georgia Decedent with
Property in Georgia
2006
Contingency Fee Contracts with Minor Clients
The rules of inheritance when a decedent dies without a will
are set forth in OCGA 53-2-1 et seq. The rules can be summarized
as follows:
__ 1. If there is
a spouse and no children, the spouse is the sole heir.
__ 2. If there are children, the spouse shares equally with
the children, per stirpes, but the spouse’s portion
shall not be less than a one third share.
__ 3. Children of the decedent, per stirpes.
__ 4. Parents of the decedent.
__ 5. Siblings of the decedent, per stirpes.
__ 6. If no siblings survive, nieces and nephews, per stirpes.
__ 7. Grandparents.
__ 8. Uncles and aunts per stirpes.
__ 9. If no uncles or aunts survive, then first cousins who
survive the decedent.
__10.The more remote degrees of kinship are determined by
a formula set out in the code section.OCGA 53 2 3 sets forth
the rules for inheritance by children born out of wedlock.
In short, a child born out of wedlock inherits from the mother,
but only inherits from the father if one of a list of conditions
are met, or if there is other clear and convincing evidence
that the child is the child of the father. Conversely, OCGA
53 2 4 sets forth the rules for inheritance from children
born out of wedlock. The identity or interest of any heir
may be resolved judicially by the court, after the filing
of a petition by any interested party.
Other factors which may be relevant
in determination of heirs or beneficiaries:
__ 1. It must be determined that the will that is found has
not been changed or revoked by the testator or by operation
of law prior to the testator’s death. A will may be
changed or revoked by the testator at any time prior to the
testator’s death. OCGA 53-4-40.
__ 2. A will is
revoked as a matter of law by the subsequent marriage of the
testator, by the birth of a child to the testator, including
a posthumous child born within 10 months of the testator’s
death, or the adoption of a child by the testator subsequent
to the making of a will in which no provision is made in contemplation
of such event. OCGA 53-4-48.
__ 3. All provisions
of a will made prior to a testator’s divorce in which
no provision is made in contemplation of such an event shall
take effect as if the former spouse had predeceased the testator.
However, if the testator divorces and then remarries the same
spouse, then the revoked will is revived. OCGA 53-4-55.
NOTICE TO HEIRS AND BENEFICIARIES
OCGA 53-5-22(b) lists the notice requirements for probate
in solemn form. This includes notice to:
Each beneficiary;
Who has a present interest, including but not limited to
a vested remainder interest but not including trust beneficiaries
where there is a trustee; and
Whose identity and whereabouts are known or may be determined
by reasonable diligence;
The duly acting guardian of each individual beneficiary with
a present interest or power,
other than a mere trust beneficiary, who is not sui juris;
and Each trustee.
These notice requirements may, under
certain conditions and upon motion, be modified by the probate
court. Notice of a petition for letters of administration
shall be mailed by first class mail to each heir with a known
address at least 13 days prior to the date on or before which
any objection is required to be filed.
Links:
Probate and Estate Home Page
Simple Will Questionaire
Georgia Probate
and Estate Checklist
For the Georgia Probate
Attorney
Out of the State of
Georgia Probate Issues
Out of the State of Georgia Decedent with Property in Georgia
2006
Contingency Fee Contracts with Minor Clients
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