Inheritance After Divorce — the Question of Status
Divorce ends the relationship, but succession questions remain afterwards: who is an heir when a former spouse dies, and what happens to a minor child born after the decedent’s death. Under the Civil Code of Georgia, the transfer of a deceased person’s property to the heirs takes place by law or by will, or on both grounds. Inheritance by law operates if the decedent left no will, or if the will covers only part of the estate, or if the will is declared void in whole or in part. This initial framework determines the route by which the succession status of each person — including a former spouse — must be assessed.
Who May Be an Heir
The Code defines the circle: in inheritance by law, heirs may be persons who were alive at the moment of the decedent’s death, and also the decedent’s children who are born alive after their death. In inheritance by will — persons alive at the moment of death, as well as those conceived during the decedent’s lifetime and born after their death, whether or not they are their children, and also legal entities. The moment of life is decisive here: a person must be alive at the moment of the decedent’s death in order to become an heir. A legal entity receives the estate by will if it had been created by the moment of the opening of the estate.
The practical significance of these rules in the context of a divorced family lies precisely in the questions that generate the dispute: whether a will exists and what it covers; whether any part of the will is void; who was alive at the moment of the opening; and how all of this is weighed against an estate administered in another country. The answers live in the documents — and the correct collection of documents is the backbone of preparing the case.
The Cross-Border Setting — the Place of Opening of the Estate
Divorced families often live in different countries, and then the question becomes: where is the estate opened. The Code resolves this directly: after the death of a citizen of Georgia who temporarily lived abroad and died there, the place of the opening of the estate is their last place of residence in Georgia before departure, or, if that is unknown, the location of the estate or of its principal part. After the death of persons who permanently resided abroad, the place of the opening of the estate is considered to be the country where they lived. And one further important rule: a citizen of Georgia who lives in Georgia receives an estate in a foreign state according to the legislation of that state.
How We Work on Such Cases
Our service is focused on establishing succession status: we analyse whether a specific person — including a former spouse — falls within the circle of heirs defined by law; we determine the composition of the estate and the place of its opening, including where foreign property is involved; we explain whether a will operates and which part is governed by inheritance by law. Protecting the interests of a minor heir — including a child born after the decedent’s death — is a separate and responsible part of our work, and one where mistakes are most costly.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Does a former spouse inherit?
The Code establishes the general framework: an heir may be a person who was alive at the moment of the decedent’s death; by will, also a person conceived during the decedent’s lifetime and born after their death. Whether a specific person — including a former spouse — falls within the circle of heirs is determined by the other norms of succession law and requires separate analysis in each case.
What about a child born after the death?
In inheritance by law, the decedent’s children born alive after their death are heirs; in inheritance by will — also persons conceived during the decedent’s lifetime and born afterwards.
Where is the estate opened if the decedent lived abroad?
For a citizen who temporarily lived abroad and died there — their last place of residence in Georgia before departure; for a permanent resident abroad — the country where they lived. If the place of residence is unknown, the estate or its principal part is treated as the place of opening.
Which law governs a foreign estate?
A citizen of Georgia living in Georgia receives an estate in a foreign state according to that state’s legislation — this rule sets the starting point of the analysis in cross-border cases.
How We Help on Legal.ge
The advocates of Legal.ge work on succession disputes of divorced families as well: we establish the circle of heirs and the composition of the estate, protect the interests of minor children and of children born after the decedent’s death, analyse the cross-border setting and prepare the position for the court. Book a consultation — a precise determination of status is half the dispute.