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es—you generally can. In Georgia, if you inherit a share of an estate (such as from a parent or sibling), and that share becomes part of your legally owned assets, you have the right to leave it to anyone you choose in your own will—including your spouse.
But as with most estate planning questions, the real answer depends on how and when you receive your inheritance, and whether any legal or family complications exist.
Here’s what to know.
Inheritance Becomes Yours—Then You Can Direct It
Once you receive your share of an inherited estate and it’s legally distributed to you, it becomes your separate property. That means:
- You own it
- You can manage it
- You can leave it to anyone in your own will or trust
This includes cash, real estate, investment accounts, or any other type of property you inherit.
So yes—once it’s in your hands, you can leave it to your spouse (or anyone else) in your estate plan.
What If the Estate Hasn’t Been Distributed Yet?
If you’re still in the process of probate or waiting for an estate to be fully settled, your interest in that estate is not yet fully realized. You may have a future interest in the assets, but not full control yet.
Even so, you can generally include your expected share in your will with language like:
“I leave all interests I may have in the estate of [Name] to my spouse, [Spouse’s Name], including any portion received during or after my lifetime.”
This way, your will addresses both current and future ownership.
What If You Die Before Receiving the Inheritance?
If you pass away before receiving your full share of an estate, your own will governs who receives it. So if your will says your spouse is your primary heir, they would typically receive your inherited share—even if the original estate hasn’t finished distributing it.
If you don’t have a will, your interest would pass according to Georgia’s intestacy laws, which may or may not prioritize your spouse depending on your family structure.
👉 Learn more about how inheritance works in Georgia with a will
What About Joint Inheritances With Siblings or Others?
Sometimes, families inherit property together—like a house or land—from a parent or grandparent. If your name is on the title with others, you can only leave your individual interest to your spouse.
Important: You cannot force the sale or transfer of shared property in your will. Your spouse would inherit your share, but they would become a co-owner with the other heirs. This can lead to legal or family tension, which is why property agreements matter.
Use a Trust for Greater Control
If you want to make sure your spouse receives inherited assets in a smooth, private way, a revocable living trust can help:
- Avoids probate delays
- Clarifies asset distribution
- Ensures privacy
- Gives you more control over timing and conditions
👉 Learn how revocable living trusts work in Georgia
Bottom Line
If you inherit assets and want your spouse to receive them after your death, make sure your estate plan clearly says so. The assets must be in your name and not restricted by the original estate terms. And if your estate is more complex, or your family dynamic involves blended heirs or co-owned property, it’s smart to plan ahead.
Let Hurban Law Help You Plan Clearly and Confidently
At Hurban Law, LLC, we help Georgia residents create estate plans that reflect real-life situations—including inherited property, spousal rights, and family planning. Whether you’ve already received an inheritance or expect to in the future, we’ll help you make sure your wishes are clear and legally protected.
Contact us today to build or update a will that works for your life and your loved ones.
