Who Can Be an Heir
Intestate succession resolves who receives a deceased person's property when there is no will or the will cannot operate. The heirs may be persons who were alive at the moment of the decedent's death, and also the decedent's children who will be born alive after the death. The criterion of life is tied to the moment of death, with an exception for a child to be born, grounded in the fact of conception.
By comparison, testamentary heirs may be persons alive at the moment of death, those conceived during the decedent's lifetime and born after the death regardless of whether they are his children, and also legal entities. The intestate track is narrower — built on family connection, while the testamentary track follows the testator's will.
The First Rank: Children, Spouse and Parents
In intestate succession the first-rank heirs with equal rights are the decedent's children, including a child born after the death, the spouse and the parents (adoptive parents). This is the closest circle: children, spouse and parents are called simultaneously and stand as equals, each receiving an equal share within the rank.
Special rules concern adopted children. Adopted children and their descendants, as heirs of the adoptive parent or of his relatives, are equalized with the adoptive parent's children and their descendants. Conversely, an adopted child is no longer considered an intestate heir of his biological parents, other biological relatives of the ascending line, or sisters and brothers. The same logic operates in reverse: the adoptive parent and his relatives, as heirs of the adopted child and his descendants, are equalized with the adopted child's biological relatives, while that biological family no longer holds intestate succession rights. Adoption creates a new inheritance connection and severs the old one.
Representation by Grandchildren and the Subsequent Ranks
Grandchildren, a grandchild's children and the latter's children are intestate heirs if, at the opening of the estate, their parent — who ought to have been the decedent's heir — is no longer alive; they receive equally the share that would have fallen to that parent. If their parents refused the estate, however, grandchildren cannot become heirs: a refusal closes the door to the next generation as well.
The subsequent ranks are distributed as follows. The second rank comprises the decedent's sisters and brothers; nieces, nephews and their children are called under the same condition — the parent no longer being alive — and take equally in the parent's place. The third rank comprises the grandmother and grandfather, and the grandmother's and grandfather's parents on both the mother's and the father's side, the great-grandparents inheriting if the grandparents are no longer alive at the opening. The fourth rank comprises uncles and aunts; the fifth comprises cousins and, if these do not exist, their children.
The relation between the ranks is unambiguous: the existence of even one heir of a prior rank excludes the succession of the subsequent rank. As long as even one child is alive, sisters and brothers do not become heirs — and so on down the order.
The Right of Disabled Persons to Maintenance
A social-protection norm joins the intestate rules: disabled persons who were maintained by the decedent and cannot support themselves have, if not mentioned in the will, the right to demand maintenance (alimony) from the estate. This right is aimed at persons unprotected by the will, even where they fall within none of the ranks.
The measure of maintenance is flexible: the amount payable may be reduced taking into account the volume of the estate's assets. Satisfaction of the claim is thus fitted to the estate's real capacity — where the assets are modest, the maintenance is proportionally smaller. The remaining details of allocation are regulated by other provisions.
Escheat of Ownerless Property to the State
If there are neither intestate heirs nor testamentary heirs, no heir has accepted the estate, or every heir has been deprived of the right to inherit, the ownerless property passes into the ownership of the state. This is the final point of intestate succession: where no rank yields an heir and no will operates, the property goes to the state.
An exception concerns entrepreneurial holdings: ownerless property in the form of a share, stock or pai in a business company or cooperative passes into their hands, unless otherwise provided by law. A participation interest thus remains with the company or cooperative rather than the state, which matters for business continuity.
Frequently Asked Questions on Intestate Succession
Who are the first-rank heirs?
The decedent's children (including a child born after the death), the spouse and the parents (adoptive parents) — with equal rights.
How do grandchildren inherit?
If their parent, who ought to have been an heir, is no longer alive at the opening of the estate, they take the parent's share equally. A parent's refusal of the estate, however, excludes their succession.
What if even one heir of a prior rank exists?
The existence of even one heir of a prior rank excludes the succession of the subsequent rank — later ranks are called only when the prior rank is exhausted.
Can adopted children inherit?
Yes — toward the adoptive parent and his relatives they are equalized with the adoptive parent's children, while toward their biological parents and that family's relatives they no longer hold intestate succession rights.
Where does property go if there is no heir?
Ownerless property passes into state ownership; the exception is a share, stock or pai in a business company or cooperative, which passes into their hands.
How We Help on Legal.ge
Intestate succession rests on an exact analysis of ranks, kinship and documents. The Legal.ge team will help you determine the circle of heirs and the applicable rank, resolve adoption and representation questions, assess a maintenance claim and plan the estate's acceptance. Contact us for the precise solution to your case.