3.1. Order of heirsIf there is no will, the inheritance is distributed according to the established order, as stated in Article 1336 of the Civil Code of Georgia:
I. First-order heirs – the deceased's children, the deceased’s child born after the death of the testator, spouse, parents (adoptive parents) of the deceased.
An adopted child and their descendants, as heirs of the adoptive parent or their relatives, are equated with the adoptive parent's children and their descendants. The adopted child is no longer considered an heir by law of their biological parents and other upward relatives, nor after the death of siblings.
Grandchildren, great-grandchildren, and the children of the latter are considered heirs by law if, at the time of inheritance, their parents, who should have been heirs to the decedent, are no longer alive, and they inherit equally in the portion that would have belonged to their deceased parent in the case of inheritance by law.
Grandchildren, great-grandchildren, and the children of the latter cannot be heirs if their parents have renounced the inheritance. The adoptive parent and their relatives, as heirs of the adopted child and their descendants, are equated to the biological parents and other biological relatives of the adopted child. The biological parents of the adopted child, their other biological relatives on the ascending line, and siblings no longer have the right to inherit by law after the death of the adopted child or their descendants.
II. Second-order heirs – the deceased's sisters and brothers. The decedent's nieces and nephews and their children are considered heirs by law if, at the time of inheritance, the parent who would have been the decedent's heir is no longer alive. They inherit equally in the portion of the inheritance that would have belonged to their deceased parent in the case of inheritance by law.
III. Third-order heirs – grandparents, the mother and father of the grandmother, and the mother and father of the grandfather, both on the mother's and father's side. The mother and father of the grandmother and the mother and father of the grandfather are considered heirs by law if, at the time of inheritance, the grandparents are no longer alive.
IV. Fourth-order heirs – uncles (brothers of the mother and father), aunts (sisters of the mother and father).
V. Fifth-order heirs – nieces and nephews (children of the sisters of the mother and father and children of the brothers of the mother and father), and if they are no longer alive, their children.
3.2. Inheritance ProcedureInheritance in Georgia The procedure for processing inheritance includes several stages:
- Opening of inheritance: The moment of the declaration of the testator's death is the moment of opening the inheritance.
- Submission of application: Heirs must apply to the notary office within 6 months from the opening of the inheritance to submit an application for the inheritance.
- Document verification: The notary verifies the death certificate, documents proving kinship, and the will (if available). After verification, a protocol is drawn up for accepting the application for opening the inheritance.
- Issuance of inheritance certificate: The notary issues a document confirming the right of the heirs to dispose of the inheritance mass. The cost of issuing the inheritance certificate depends on the market value of the inherited property.
Inheritance abroad If the testator had property outside Georgia, the inheritance case is opened in accordance with the legislation of the relevant country. The heirs must provide translated and legalized documents (death certificate, documents proving kinship). To obtain the right to Georgian property, the heirs apply to a Georgian notary office with a set of documents translated into Georgian. There are several nuances to consider:
- If the testator was NOT a citizen of Georgia and was NOT a citizen of the CIS countries, and had movable and/or immovable assets in Georgia, the inheritance case must be opened in the country of the testator's citizenship, where the inheritance certificate must be issued. Only after this can the heir apply to a Georgian notary to open the inheritance case.
- If the testator was NOT a citizen of Georgia but was a citizen of a CIS country and had real estate in Georgia, they have the right to apply DIRECTLY to a Georgian notary within 6 months from the date of the testator's death to open the inheritance case and receive the inheritance.
- In Georgia, the territorial principle does not apply for opening the inheritance case, meaning the inheritance case can be opened at any notary office in Georgia, regardless of the testator's place of residence and the location of their real estate.
3.3. Inheritance of Debts and LiabilitiesWhen entering into inheritance, heirs inherit both the assets and the liabilities of the deceased. The corresponding conditions and requirements are stipulated in the Civil Code of Georgia and the Tax Code of Georgia.