FAQ

When the death of a loved one occurs, hundreds of questions come to mind. This FAQ page walks you through what to do next.

1. Who are heirs when there is no will under Georgia Law?

Under O.C.G.A. § 53-2-1 when a person dies without a will, the following rules shall determine such decedent’s heirs:

(1) Upon the death of an individual who is survived by a spouse but not by any children the spouse is the sole heir. If the person is also survived by any child, the spouse shall share equally with the children, with the descendants of any deceased child taking that child’s share, per stirpes; provided, however, that the spouse’s portion shall not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall be those relatives in the following order:

(a) Children of the decedent;
(b) If the person had no children then the parents of the decedent are next in line;
(c) If the person had no children or living parents then the siblings are next in line;
(d) if no sibling survives the decedent, the nieces and nephews who survive the decedent are next;
(e) next in line would be the grandparents of the decedent;
(f) uncles and aunts of the decedent would be next in line.

2. What steps do I take when a loved one dies?

First, determine if the loved one left a will. Wills are often stored with important papers in the home or in a safety deposit box. Wills may also be stored with an attorney.

3. What do I do with the will?

Take the will to the Probate Court in the county of residence of the person who died. The Probate Court will help you created and Estate for the deceased. The will normally designates a person to execute the will. Execution of the will simply means that the executor will take the actions necessary to distribute the property in accordance with the provisions of the will.

4. What if there is no will?

A person who dies in Georgia without a will is said to have died intestate. The Probate Court should still be notified of the loved one’s death. The Probate Court will help you set up an Estate for the deceased person. The estate will be controlled by an administrator. The administrator will be responsible for distributing the property of the estate pursuant to Georgia law.

5. What is a claim for wrongful death?

A claim for wrongful death is a claim made against the person who caused the death and it seeks to recover for the full value of the life of the deceased person by a measure of the economic and non-economic value of the life of the deceased.

6. Who makes the claim for wrongful death?

The wrongful death claim is brought by a relative of the deceased (there are a few exceptions). The claims for wrongful death goes first to the spouse of the deceased. The the deceased had no spouse at the time of death, then the claim goes to any children of the deceased; and if the deceased had no children then the claim goes to the parents of the deceased.

7. Is there a difference between claims of the estate and claims for wrongful death?

Absolutely. When a person dies wrongfully because of the negligence of another then two claims arise: claims belonging to the estate of the deceased and claims for wrongful death.

8. What claims does the estate of the deceased person have against the at-fault party?

The estate can be thought of as the legal continuation of the claims the deceased person would have had against the at-fault party if death had not occurred. Therefore, the estate has claims for medical bills incurred by the deceased prior to death resulting from the injury that caused death. The estate also has claims for lost wages of the deceased. The estate also has claims for the pain and suffering the deceased suffered after injury until the time of death. Finally, the estate would have any claims for punitive damages if such were warranted. After any recovery by the estate of the deceased the heirs of the deceased will share in the proceeds as determined by the executor or administrator of the estate. Please visit our Heirs Under Georgia Law page for more information.

9. What claims are made in a wrongful death action?

Unlike the claims of the estate which are limited to injuries and damages suffered by the deceased, the claim for wrongful death is brought by a relative to recover the full value of the life of the deceased. The full value of the life is measured in terms of economic and non-economic damages. Economic damages may be thought of as the earning power of the deceased had the deceased lived a normal life and died of natural causes. Non-economic damages are the value of the life of the deceased from the point of view of the deceased.

10. A loved one recently died. Do I need to hire a lawyer?

This question presents many issues including the facts and circumstances of the death, the number of heirs and whether the deceased left a will. A lawyer is not necessary, but may be desired, to probate a will or handle the estate if there was no will. A lawyer will often be required if the person died as the result of the negligence of a person, firm or corporation. In such cases it is best to seek a free consultation with an attorney who has many years of experience with wrongful death claims. The lawyers at Link & Smith, P.C. have handled wrongful death claims since 1991 and will be glad to speak with you at no charge to discuss your options. Read more about their Case Verdicts.

At Link & Smith, P.C. our goal is to provide exceptional legal services. We strive to achieve the highest standard of legal ability and ethics for the protection of our clients through team work, extensive resources, and 40+ years experience. We believe that serious injuries deserve superior results. For a FREE no-obligation consultation regarding your legal concerns, contact us today or call us toll-free at 888-315-8840.

FAQ