Families sometimes learn new information only after a loved one dies. Examples include a child no one talked about or a long-term relationship that never made it into family conversations. When that happens, you might be surprised to learn that these “surprise heirs” often have real legal rights in Georgia.

Who Qualifies as a “Child” Under Georgia Law

When someone dies without a will, children inherit from their mother as a matter of course. That piece is usually straightforward.

Things get more complicated with a father, especially if the child was born outside of marriage. In Georgia, that child typically must show a legal tie to the father before sharing in his estate. That connection might come from:

  • A court order establishing paternity
  • A signed acknowledgment or legitimation
  • Being listed as the father on the birth certificate
  • Strong proof like DNA testing

Once the parent-child relationship is legally recognized, that child usually takes the same share as any other child when there is no will. For example, a man dies, leaving two children that everyone knows and a third child who proves paternity through DNA. All three may end up splitting the estate equally.

When a Will Predates or Omits a Child

A will signed before a child was born or before anyone knew about them does not always shut the door. Georgia’s after-born child statute can protect a child who arrives later, and in some situations, it can even disturb an older will if the parent had no children at the time it was signed.

It doesn’t always play out cleanly. A parent might draft a will, thinking it’s settled, then have another child down the road and never revisit the paperwork. Years later, during probate, that child shows up with a valid claim.

How Surprise Heirs Disrupt Probate

Probate courts expect the person filing the case to list every heir, not just the people named in the will. When someone appears mid-process with a credible paternity claim, the court may slow down the proceedings to sort out the proof. That might involve DNA testing, reviewing old child-support records, or requesting written acknowledgments.

At The Williams Litigation Group, we help Georgia families deal with these surprise-heir situations before they turn into full-blown disputes. If you suspect a hidden child exists or if someone has already come forward, call us at 1-866-214-7036.