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What are the surviving spouse rights in Georgia?
In this article, you’ll learn about:
Let’s dig in.
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In Georgia, a surviving spouse has several rights:
It’s a good idea to talk to an estate planning or probate lawyer if you’re dealing with a deceased spouse’s estate.
In Georgia, the Year’s Support law provides a safeguard for the surviving spouse (and minor children) after the death of the other spouse.
It’s meant to ensure that the surviving family members have financial support during the first year after the death.
Here are key points about Year’s Support in Georgia:
Year’s Support is an important provision in Georgia law.
It helps protect surviving spouses and minor children from financial hardship after the loss of a family member.
In Georgia, intestate succession laws play a significant role in determining the rights of a surviving spouse when the deceased did not leave a will.
Here’s how the surviving spouse’s rights are affected:
It’s important to note that under Georgia law:
The surviving spouse must typically file documents with the probate court to initiate the intestate succession process.
The court will then oversee the distribution of the estate according to Georgia’s intestate succession laws.
This ensures the surviving spouse receives their rightful share.
Read More: What Has To Go Through Probate In Georgia
Georgia doesn’t have an elective share for surviving spouses.
In other states, this elective share lets a surviving spouse get a set percentage of the deceased’s estate.
This happens even if the will says otherwise. It’s a safety net so they don’t get nothing.
But Georgia uses a different approach.
Here, a surviving spouse can claim a “year’s support.”
It’s not a set percentage.
Instead, the court decides how much property the spouse gets.
The amount should be enough to support them for a year.
So, in Georgia, if a will leaves a spouse with little or nothing, they can’t claim a set percentage of the estate.
But they can ask the court for a year’s support.
In Georgia, surviving spouses can protect their home and personal property from the deceased spouse’s debts through Homestead and Property Exemptions.
Homestead Exemption:
Personal Property Exemptions:
These exemptions help ensure that you, as a surviving spouse, don’t lose your home or essential belongings because of your deceased spouse’s debts.
File the necessary paperwork with your county to claim these exemptions.
Read More: How Much Does An Estate Have To Be Worth To Go To Probate?
In Georgia, a surviving spouse may receive Social Security and retirement benefits.
Social Security Benefits:
Retirement Benefits:
It’s important to apply for these benefits promptly.
For Social Security, contact the Social Security Administration.
For retirement benefits, reach out to the deceased’s retirement plan administrator.
Read More: Can I Collect My Deceased Spouse’s Social Security And My Own At The Same Time?
In Georgia, if a married couple owns property together, it often has a special status called joint tenancy with the right of survivorship.
When one spouse dies, the surviving spouse automatically gets the deceased spouse’s share of the property.
It’s a direct transfer.
The property doesn’t go through probate.
This applies to real estate, bank accounts, and other assets that are in both names.
To make sure the property passes this way, the ownership documents must say it’s a joint tenancy with the right of survivorship.
It must be clear on the title or deed.
This is a simple way to pass property to a surviving spouse without any hassle or court involvement.
Read More: Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?
In Georgia, pre-nuptial and post-nuptial agreements can affect surviving spouse rights.
A pre-nuptial agreement is a contract made before marriage.
It sets rules for dividing assets if the marriage ends.
A post-nuptial agreement is similar, but couples make it after getting married.
Both agreements can set terms for asset division in case of death.
They can override default inheritance laws.
For example, a spouse might agree to take less than the law would give them.
For these agreements to be valid, both parties must disclose their assets fully.
Both parties should enter the agreement voluntarily, without pressure.
If an agreement is unfair to one party, the court might not enforce it.
Read More: How Much Money Can You Inherit Without Paying Taxes On It?
Estate planning in Georgia is important to protect surviving spouse’s rights.
Estate planning is about making sure your spouse is taken care of.
Take time to plan and get professional help to set it up right.
Navigating probate court in Georgia as a surviving spouse involves several steps:
During probate, the surviving spouse has certain rights.
These include a year’s support, property exemptions, and a share of the estate if there is no will.
Being organized and keeping good records is key.
It’s also helpful to understand the timeline and what the court expects at each step.
These are other questions that our clients commonly have about surviving spouse rights in Georgia.
In Georgia, if a person dies without a will, a spouse does not automatically inherit everything.
Georgia’s laws divide the estate among the surviving spouse and any children.
The spouse is guaranteed at least a portion of the estate, but not necessarily the entire estate.
However, if a person has a will, the will dictates how the estate is distributed.
This means if the will states that the spouse inherits everything, then the spouse will receive the entire estate.
In cases with a will, the distribution follows the instructions in the will.
Without a will, the distribution follows Georgia’s intestacy laws.
In Georgia, a wife may not automatically receive her husband’s inheritance when he dies.
If the husband leaves a will, the distribution follows the terms of the will.
If there is no will, Georgia’s laws of intestacy apply.
Under these laws, the wife shares the estate with the husband’s children.
If there are no children, the wife usually inherits the entire estate.
But, if the husband’s parents are alive, the wife might have to share the estate with them.
When a husband dies in Georgia, the wife usually gets a share of his property.
If the husband left a will, the wife receives what the will says.
If there is no will, Georgia law decides.
The wife usually gets at least one-third of the husband’s assets.
This is called the widow’s share.
If there are children, they divide the rest.
The wife also gets to keep a year’s worth of living expenses.
This helps her manage while the estate gets settled.
Lastly, if the husband had life insurance naming the wife as beneficiary, she receives that money too.
No, an ex-wife is not considered a surviving spouse in Georgia.
The term “surviving spouse” refers to a person who was married to the deceased at the time of death.
When a couple divorces, the legal marital status ends.
This means that the ex-wife is not entitled to the same rights and benefits that a surviving spouse may receive under Georgia law.
If you want help from a Georgia estate planning and probate law firm, fill out the form below.
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