How do you divide land inherited from parents who died without a will between the surviving children and grandchildren?

Answer:

When there is no will

The inheritance laws vary from state to state. In Georgia all children are entitled to an equal share. If one child is deceased, the children of the deceased sibling (grandchildren of the landowners) are entitled to equal split of their parent's share. This is called devolution - and is an automatic operation of law. Of course, legal creditors all get their due first, ahead of everybody.

In every US state property that is not considered exempt from probate procedures is distributed under the state's probate succession laws.

Generally speaking the only property and assets not subject to probate are those which pass directly to a surviving spouse under the marital property laws or that which is held under the "survivorship" laws.

Contributor: Aggie80
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