Who gets my kids if I die without a will in Georgia?
Probably the biggest reason parents of minor children want to do Wills is to name guardians for their children. Every parent wants to have the power to pick who they want to raise their children in case they pass away.
In Georgia, when one parent passes away, guardianship goes to the other parent, even if the other parent doesn’t have custody, and even if the deceased parent named someone else as guardian in his or her Will. When both parents pass away, if the parent named a guardian in a Will, and if that guardian is willing and able to serve, he or she is appointed as guardian without a hearing in most cases.
However, obviously not all parents do Wills naming guardians for their children. In that case, if something happened to both parents, the probate court in the county of residence for the parents would have a guardianship hearing to name guardians for the children. Typically, one family member or friend will file a petition with the probate court to serve as guardian, and anyone who objects or wishes to be named as guardian can file an objection. If a minor is over the age of 14, the court will take the minor’s preferences into consideration when choosing the guardian. If the child doesn’t have a preference, the court will look to a biological relative (typically a parent of the deceased first, followed by a sibling of the deceased), then any other adult relative of the minor, then any other adults who are related to the minor by marriage.
Obviously, it’s best to make your wishes about guardianship of your children known in your Will, rather than by potentially having them raised by someone who wasn’t your first choice, or potentially subjecting them to an emotional court battle. If you’re in north Georgia, including Marietta, Canton, Kennesaw, Woodstock, Acworth, Cartersville, Smyrna, or Roswell, call Sarah White, guardianship attorney, at 678-453-6490. Call me to learn more.