Let’s say you’re married and you die without a will in Georgia.
What your surviving spouse gets depends on whether you have descendants like:
- children
- grandchildren
- great-grandchildren
A surviving spouse has rights to at least one-third of the estate in Georgia.
And that is regardless of how many children there are.
If there is one child, then:
- the child gets one-half of the estate
- the surviving spouse gets one-half of the estate
If there is a spouse and two children, they all get one-third of the estate.
With 3+ children, the child’s share of the estate gets reduced.
The surviving spouse has rights to one-third of the estate.
And the child’s share is 66%, split equally by the living children.
If there are no children, the surviving spouse gets the entire estate.
Related: Can An Executor Override A Beneficiary