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Heirs under Georgia Law

Under O.C.G.A. § 53-2-1 when a person dies without a will, the following rules shall determine such decedent’s heirs:

(1) Upon the death of an individual who is survived by a spouse but not by any children the spouse is the sole heir. If the person is also survived by any child, the spouse shall share equally with the children, with the descendants of any deceased child taking that child’s share, per stirpes; provided, however, that the spouse’s portion shall not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall be those relatives in the following order:

(a) Children of the decedent;
(b) If the person had no children then the parents of the decedent are next in line;
(c) If the person had no children or living parents then the siblings are next in line
(d) if no sibling survives the decedent, the nieces and nephews who survive the decedent are next;
(e) next in line would be the grandparents of the decedent;
(f) uncles and aunts of the decedent would be next in line

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