Potential clients often ask this question during their free consultation in my law office. Although there may be other technical differences, the main difference is in the title of the person and how that title was received. When a person dies without a valid will they are referred to as intestate. Even when a person dies intestate, however, they may have a home or other property resulting in their estate needing to be submitted to the probate process. When an intestate estat

In Georgia, the rules of inheritance when a person dies without a will are set by statute. OCGA § 53-2-1 provides the order in which heirs will inherit from a intestate decedent's estate. If a decedent is survived by a spouse, and no children or other descendant, then the spouse is the sole heir. If a decedent is survived by a spouse and any child or descendant, then the spouse shall share equally with the children. The spouse's portion shall not be less than a one-third shar