About Georgia,
In Georgia, a surviving spouse is the sole heir when there are no descendants. If descendants survive, the spouse shares equally with them but receives no less than one-third. Georgia uses Year's Support, rather than a statutory elective share, as a separate source of protection.
Georgia follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Georgia intestate law (Ga. Code § 53-2-1) determines your share. The small-estate threshold is Up to $15,000 for an intestate decedent's deposit at a financial institution under O.C.G.A. § 7-1-239. Georgia's no-administration-necessary procedure is separate and has different requirements., and typical probate takes 6-12 months.
Georgia does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Georgia classifies marital property and what a surviving spouse typically receives if there is no will.
How Georgia Classifies Marital Property
Common Law (Equitable Distribution) (Ga. Code § 19-3-9)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | The surviving spouse and children share the estate equally, but the spouse's share is at least one-third. |
| Children from prior relationship | If the decedent has descendants from another relationship, the spouse shares equally with all descendants but receives at least one-third. A stepchild who is not the decedent's biological or adopted child does not inherit under this formula. |
Georgia does not have an elective share. A surviving spouse can petition for a 'Year's Support' under Ga. Code § 53-3-1.
Deadline to File
- Georgia filing window
- A petition for Year's Support must be filed within 24 months of the decedent's death (Ga. Code § 53-3-5).
Home Protections for Surviving Spouses
Georgia offers property tax homestead exemptions (standard of $2,000, with additional exemptions for seniors and disabled veterans' surviving spouses). This does not protect the home from being sold to pay estate debts. A Year's Support award can be used to award the house to the surviving spouse.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | Up to $15,000 for an intestate decedent's deposit at a financial institution under O.C.G.A. § 7-1-239. Georgia's no-administration-necessary procedure is separate and has different requirements. |
| Typical probate timeline | 6-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Georgia does not have a state estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Georgia-Specific Rules
Georgia does not provide a statutory elective share. Its Year's Support process can instead provide estate property for a surviving spouse and minor children through a probate-court award.
Georgia Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Georgia
Reviewed July 18, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Georgia.
- Is Georgia a community property state?
- Georgia is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (Ga. Code § 19-3-9)
- What does a surviving spouse inherit without a will in Georgia?
- No children: Entire estate With children: The surviving spouse and children share the estate equally, but the spouse's share is at least one-third. Stepchildren or children from a prior relationship: If the decedent has descendants from another relationship, the spouse shares equally with all descendants but receives at least one-third. A stepchild who is not the decedent's biological or adopted child does not inherit under this formula.
- What is the elective share right in Georgia?
- Georgia does not have an elective share. A surviving spouse can petition for a 'Year's Support' under Ga. Code § 53-3-1. Deadline: A petition for Year's Support must be filed within 24 months of the decedent's death (Ga. Code § 53-3-5).
- What is the small-estate threshold in Georgia?
- Up to $15,000 for an intestate decedent's deposit at a financial institution under O.C.G.A. § 7-1-239. Georgia's no-administration-necessary procedure is separate and has different requirements.. Typical probate timeline: 6-12 months
- Does Georgia have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Georgia does not have a state estate tax or inheritance tax.
- What deadlines matter most for widows in Georgia?
- Year's Support Petition: within 24 months of decedent's death; Federal Estate Tax Filing: 9 months after death (if applicable).
- Is Georgia's $15,000 affidavit a general small-estate shortcut?
- No. O.C.G.A. 7-1-239 applies to up to $15,000 held by a financial institution for an intestate depositor. Georgia's no-administration-necessary procedure is separate and has different requirements.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Georgia.
For Widows
Support Beyond the Paperwork
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