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Understanding how inheritance works in Georgia is key to protecting your family and your estate. Whether you’re making a will or handling the affairs of someone who has passed, Georgia inheritance laws determine who gets what—and how the probate process unfolds.
This guide explains what you need to know, from spousal and child inheritance rights to what happens if there’s no will.
No Inheritance Tax in Georgia
Georgia does not impose an inheritance tax or estate tax. This means heirs generally don’t pay taxes just for receiving an inheritance. However, federal estate taxes may apply to very large estates—those over $13.61 million as of 2025.
👉 Learn how gift and estate tax rules apply in 2025
If There Is a Will (Testate)
When someone dies with a valid will in Georgia, the estate follows the decedent’s instructions as long as the will:
- Was signed by the person
- Has two competent witnesses
- Meets all state legal requirements
The will should name an executor, who will handle probate, settle debts, and distribute assets.
Georgia Probate Options
There are two probate types in Georgia:
- Solemn form probate: Requires notification of all potential heirs
- Common form probate: No formal notice to heirs unless contested within four years
If the will is likely to be disputed, solemn form offers stronger legal protection.
👉 Read more on what executors can and cannot do
If There Is No Will (Intestate)
When someone dies without a will in Georgia, the state’s intestacy laws control who inherits. This often surprises families, especially in blended or non-traditional households.
Here’s how it works:
| Survivors | Who Inherits |
|---|---|
| Spouse only | 100% to spouse |
| Spouse + children | Split equally between spouse and children (spouse gets at least 1/3) |
| Children only | Divided equally among children |
| No spouse or children | Parents inherit |
| No parents | Siblings inherit |
| No immediate family | Extended relatives inherit in a set order |
| No known heirs | Property goes to the county’s board of education |
Georgia law works hard to find relatives, but if no heirs exist, the estate escheats to the state.
Spousal Inheritance in Georgia
Spouses in Georgia don’t have guaranteed rights to 100% of the estate. If children exist, even from the same marriage, the estate is divided between the spouse and the children. However, a spouse must receive at least one-third, regardless of the number of children.
Georgia also allows disinheritance of a spouse, unlike many other states. A disinherited spouse is only entitled to a year’s support, not a share of the estate, unless they successfully challenge the will.
👉 Learn how Georgia handles equity in second marriages
Children and Heirs
Children inherit equally unless otherwise stated in a valid will. Georgia recognizes:
- Biological and legally adopted children
- Posthumous children (born within 10 months of death and living at least 120 hours)
- Illegitimate children, if paternity is legally established
- Half-siblings, with equal inheritance rights
Stepchildren and foster children do not inherit unless legally adopted or named in a will.
Non-Probate Inheritance
Some assets pass outside the will and probate:
- Life insurance with a named beneficiary
- 401(k)s, IRAs, and payable-on-death accounts
- Jointly owned property with rights of survivorship
- Assets held in a revocable living trust
These types of inheritances are faster, private, and harder to contest—which is why many estate plans use trusts or beneficiary designations.
👉 Here’s how revocable living trusts work in Georgia
Why Estate Planning Still Matters
Even though Georgia’s inheritance laws fill the gaps when there’s no will, relying on default rules is risky. Without clear planning, your assets might not go to the right people, and your loved ones could face confusion, legal costs, and delays.
An estate plan:
- Ensures your wishes are followed
- Reduces court involvement
- Prevents disputes between family members
- Protects minor children or vulnerable heirs
Let Hurban Law Help You Plan the Right Way
At Hurban Law, LLC, we guide Georgia residents through wills, trusts, and inheritance issues with clarity and personalized strategy. Whether you’re updating your plan or navigating a loved one’s estate, we’ll help you get it right.
Contact us today to start building an estate plan that works for your life—and your legacy.
