Who Can File a Wrongful Death Claim in Georgia

By the FigureMyTax Editorial Team · How we calculate

Georgia's wrongful death statute follows a strict order of priority — and builds in a real protection for surviving spouses that's easy to overlook.

The spouse files first, with a guaranteed floor

Under O.C.G.A. §51-4-2, the surviving spouse has the primary right to file. If there are surviving children, the spouse files on behalf of both themselves and the children, with the recovery divided equally, share and share alike. But the statute guarantees the spouse never receives less than one-third of the total recovery — no matter how many children there are to share it with.

Children, if there's no surviving spouse

Without a surviving spouse, the decedent's children — including adult children — share the right to file and recover jointly. If the decedent was divorced at the time of death, surviving children hold the claim together.

Parents, if there's no spouse or children

When neither a spouse nor children survive, the decedent's parents may bring the claim. This applies most often to the wrongful death of a child who left no spouse or children of their own, under §51-4-5.

The estate, only as a last resort

If none of the family categories above exist — no spouse, no children, no surviving parents — the administrator of the deceased's estate can step in to file the claim. This is the exception, not the default; Georgia's statute prioritizes family members directly over the estate at every step before this one.

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Georgia attorney.