What to do if there is no ‘Will’

If the decedent did not leave a will then it means that the person died intestate. This means that there is currently no one assigned or legally appointed to oversea the deceased person’s estate.

In situations like this, the state steps in and acts as temporary executor until it is determined who should be appointed to manage decedent’s estate. Usually the court appoints a family member to act as the ‘personal representative’ for the estate; which is the same as an executor.

The first step to getting started is to file a petition with the probate court in the County where the decedent has their primary residence. If the decedent is not a resident of Georgia, and owns property in the State of Georgia; then a probate petition must still be filed in the county where the decedent owns property. Once you go to the probate court they will give you the necessary paperwork that you need to file.