The short answer to the question if you inherit everything in Georgia if your spouse dies is MAYBE.
In Georgia, whether a surviving spouse gets everything from the deceased spouse’s estate depends on a few factors, including whether the deceased spouse had a will and whether there are surviving children or other heirs.
If There Is a Will:
If the deceased spouse had a valid will, the surviving spouse will inherit according to the instructions in that will. The will may leave all or a portion of the estate to the surviving spouse, or it may designate specific amounts or items to other heirs. You can disinherit a spouse in a Will in Georgia. The surviving spouse may still be able to file a Year’s Support petition, which means they are asking the court to give to them an amount equal to the amount of money the deceased spouse contributed to the household (to support the household) in the twelve months prior to their death.
If There Is No Will (Intestate Succession):
If the deceased spouse did not leave a will, Georgia’s intestacy laws determine how the estate is divided.
- If the deceased spouse had no children, the surviving spouse generally inherits the entire estate.
- If the deceased spouse had children, the surviving spouse is entitled to a portion of the estate, but not everything. Under Georgia law, the surviving spouse inherits:
- One-third of the estate if there are children, at a minimum. Example: Husband dies with $100,000.00 and leaves behind a wife and 3 children. The wife will receive $33,333.33 and the 3 children divide equally the remaining $67 thousand and change. If this same scenario but there is only one child, the spouse gets $50,000.00 and the sole child gets $50,000.00. So it depends on the number of children, really.
In either case, the surviving spouse is guaranteed a portion of the estate, but they may not receive everything if there are children.
A good way to think of the Intestate Laws in Georgia is “Georgia’s Estate Plan for You.” Meaning, a bunch of politicians (lawmakers) got together over the years and decided who gets what when someone dies without a Will. Every state in the United States has their own version of these laws. Georgia’s laws have been around since, really, the beginning of the statehood for Georgia (probably before, as our laws are basically based on the English inheritance system).
So the saying of “the State of Georgia has an estate plan for you” is accurate. Because if you do not have a plan, even between spouses, the Georgia Intestate Estate Plan is there waiting for you both.
If you and your spouse want to make sure YOUR wishes are carried out (not Georgia’s idea of an estate plan), give us a call.