2010 Georgia Code
TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 4 - DESCENT AND DISTRIBUTION
ARTICLE 1 - GENERAL PROVISIONS
§ 53-4-2 - (Pre-1998 Probate Code) Rules of inheritance generally

O.C.G.A. 53-4-2 (2010)
53-4-2. (Pre-1998 Probate Code) Rules of inheritance generally


The following rules shall determine who are the heirs at law of a deceased person:

(1) Upon the death of the husband or wife without lineal descendants, the surviving spouse is the sole heir and upon payment of that deceased spouse's debts, if any, may take possession of the estate without administration;

(2) If, upon the death of the husband or wife, there are children or representatives of deceased children, the surviving spouse shall have a child's part, unless the shares exceed four in number, in which case the surviving spouse shall have one-fourth part of the estate and the children shall have three-fourths' part of the estate; and the surviving spouse and children shall take per capita but the descendants of the children shall take per stirpes. In any case in which a surviving spouse is entitled to the year's support and maintenance under Chapter 5 of this title, the amount of such support and maintenance shall not be includable in computing the amount to which that surviving spouse is entitled under this paragraph. No election by the surviving spouse shall be necessary to entitle that spouse to the portion of the estate allowed by this paragraph, but that surviving spouse shall be entitled thereto as a matter of law unless that spouse renounces such portion, in whole or in part, within nine months after the death of the other spouse;

(3) Whenever the husband or wife of a deceased person is under the age of 18 years and entitled to a share in the estate of the deceased husband or wife, he or she shall be entitled to take and hold such share without the intervention of a guardian or other trustee;

(4) Children shall stand in the first degree from the intestate and inherit equally all property of every description, accounting for advancements as provided in Article 3 of this chapter. Posthumous children shall stand upon the same footing with children in being upon all questions of inheritance. The lineal descendants of children shall stand in the place of their deceased parents, but in all cases of inheritance from a lineal ancestor the distribution is per stirpes and not per capita;

(5) Brothers and sisters of the intestate shall stand in the second degree and shall inherit if there is no surviving spouse, child, or representative of a child. The half blood, both on the paternal and maternal side, shall inherit equally with the whole blood. Brothers and sisters of the whole blood, brothers and sisters of the half blood, and brothers and sisters adopted by a mutual parent of the intestate shall stand in the same degree and inherit equally from each other. The children or grandchildren of deceased brothers and sisters shall represent and stand in the place of their deceased parents, but there shall be no representation further than this among collaterals. If all the brothers and sisters are dead at the time of death of the intestate, then the distribution shall be between the nephews and nieces per capita; and if any of the nephews and nieces are dead, leaving children, distribution shall be made as though the nephews and nieces were all alive, the children of the deceased nephew or niece standing in the place of the parent;

(6) The father and mother inherit equally with brothers and sisters and stand in the same degree;

(7) In all degrees more remote than those specified in paragraphs (1) through (6) of this Code section, the paternal and maternal next of kin shall stand on an equal footing;

(8) The grandfathers and grandmothers of the intestate shall stand next in degree;

(9) Uncles and aunts shall stand next in degree, with the children of any deceased uncle or aunt inheriting in the place of their parent;

(10) First cousins shall stand next in degree; and

(11) The more remote degrees of kinship shall be determined by counting the steps from the claimant to the closest common ancestor and from the ancestor to the intestate. The sum of the two chains shall be the degree of kinship.