When a person dies without leaving a will, their property is distributed according to the rules of "Intestate Succession." In Georgia, this is the most common form of inheritance. The law strictly defines the order (classes) of heirs and their shares. Although the rules are clear, confusion often arises in practice: Who belongs to the first class? What happens if the spouse is alive but the children are deceased? How is property distributed between half-siblings? Intestate succession does not happen automatically; the heir must take active action (file an application with a notary) within the statutory 6-month period, otherwise, the property may pass to the state or heirs of a lower class.
The Intestate Succession service involves legal support throughout the entire process of accepting inheritance: from determining the circle of heirs to property registration. Often, it becomes necessary to establish kinship in court if documents (birth/marriage certificates) are lost or defective. Legal.ge gives you access to lawyers who will help you overcome bureaucratic hurdles and realize your legal rights.
What Does Intestate Succession Service Cover?
This service covers all aspects of inheriting without a will:
- Determining Priority: Identifying which class the client belongs to and whether there are competing heirs (e.g., Class I — children, spouse, parents).
- Accepting Inheritance: Preparing and submitting an application to a notary within the statutory 6-month period.
- Establishing Legal Facts: Proving kinship or actual possession of the estate in court if documents are incomplete or the deadline is missed.
- Calculating Shares: Accurate calculation of statutory shares, especially in complex family configurations (e.g., grandchildren inheriting in place of a deceased parent).
- Dispute Resolution: Disputes with other heirs who unjustifiably claim the property.
Common Real-World Scenarios
The following issues often arise during intestate succession:
The first scenario is "Right of Representation." The testator's child died before the testator. The children of this deceased child (grandchildren) have the right to receive the share their parent would have received if alive. Often, uncles/aunts try to convince grandchildren that they are entitled to nothing, which is a violation of the law.
The second case is "Unregistered Marriage." Partners lived together for years without signing a marriage certificate. In the event of death, the surviving partner has no legal right to inherit (unless a will exists). This often leads to severe disputes with the deceased's relatives.
The third scenario is a "Child Born Out of Wedlock." A child born out of wedlock, if paternity is recognized, is a full First Class heir and receives an equal share with children born in wedlock.
The fourth situation is missing the deadline. The heir thought the property would transfer automatically and did not apply to the notary within 6 months. Now they need to prove actual possession in court (that they cared for the property, paid taxes).
Georgian Legal Framework and Regulations
The order of intestate succession is strictly prescribed in the Civil Code (Article 1336):
- Class I: Children, spouse, and parents (equally).
- Class II: Sisters and brothers (or their children if the sibling is deceased).
- Class III: Grandmothers and grandfathers.
- Class IV: Uncles and aunts.
- Class V: Cousins.
Process and Stages
The process begins with obtaining a death certificate. The heir goes to a notary and writes an application to accept the estate. The notary checks the order of priority and the existence of other heirs. After 6 months, an inheritance certificate is issued. If 6 months have passed and no application has been filed, the lawyer prepares a lawsuit in court to confirm "acceptance of inheritance by actual possession." This means proving that the heir actually managed the property (lived in the apartment, cultivated the land) after the death.
Why Legal.ge?
Intestate succession seems simple, but proving kinship and adhering to deadlines is often difficult. On Legal.ge, you will find lawyers who will help you avoid losing property due to bureaucratic errors. Protect your family assets with professional help.
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