The Short Answer: No, Not Automatically
Your non-citizen spouse does not automatically inherit your Georgia estate tax free. Federal law blocks the unlimited marital deduction unless your spouse holds U.S. citizenship on the day you die. A green card, years of residency, or joint tax returns do not count. Only citizenship does.
For most Georgia couples, this sounds scarier than it really is. Under the $15,000,000 federal exemption now in place, most estates owe nothing either way. The real problems are smaller than that. They apply no matter how large or small your estate is. The first is jointly titled property. The second is a hard yearly cap on tax-free gifts to a non-citizen spouse.
Why the Marital Deduction Doesn’t Apply to a Non-Citizen Spouse
When both spouses are U.S. citizens, the rule is simple. The first spouse to die can leave any amount of money and property to the survivor. No federal estate tax applies. This is the unlimited marital deduction. It is why most married couples never think about federal estate tax at all.
Federal law shuts off this deduction if the surviving spouse is not a U.S. citizen (IRC § 2056(d)). Congress had a reason. A non-citizen spouse could take the money and leave the country. The money would leave the U.S. tax system for good. No estate tax would ever get paid on it. A citizen spouse cannot do that the same way.
The trigger is citizenship. It is not where they live. It is not their visa status. A green card does not fix this. Picture a green card holder who has lived in Georgia for thirty years. They filed joint tax returns the whole time. For this one rule, the law treats them the same as someone who just arrived. Only three things change the outcome: U.S. citizenship, a Qualified Domestic Trust, or becoming a citizen in time.
This federal tax rule is separate from Georgia’s own inheritance law. Georgia has its own rules for how an estate splits between a spouse and kids when someone dies with no plan. That question is about state law. This one is about federal tax.
The Real Risk Under $15 Million: Jointly Titled Property
Most Georgia couples will never owe federal estate tax at all. The limit now sits at $15,000,000 per person. That fact makes it easy to think a non-citizen spouse’s plan needs no extra care. That idea misses one real risk. This risk has nothing to do with how much you own.
Jointly titled property gets taxed differently if one spouse is not a U.S. citizen, under IRC § 2040(a). Picture a house or a joint bank account. When both spouses are citizens, the law splits it 50/50 between the two estates when one spouse dies. It does not matter who paid for it.
When the surviving spouse is not a citizen, that automatic 50/50 split goes away. The full value instead counts as the dead spouse’s alone. The non-citizen spouse has just one fix. They must prove, with real records, how much they paid toward buying it.
Picture a $900,000 house bought years ago. The citizen spouse’s income paid for most of it. The non-citizen spouse did not work outside the home. They kept no records of their own money going toward it. That $900,000 house could count as 100% owned by the spouse who died, not split 50/50. Under the $15,000,000 exemption, this couple would still owe no federal estate tax. The executor still has to report and value the full amount. That extra step slows down settling the estate, since this problem tends to show up during probate, not before.
This same title-and-money issue comes up when Georgia couples own property as joint tenants instead of through a trust. It helps to know how joint tenancy works in Georgia before you title anything with a non-citizen spouse.
What a QDOT Is and How It Fixes This
A Qualified Domestic Trust, or QDOT, is the fix Congress built for this exact problem. The citizen spouse’s estate does not leave assets straight to a non-citizen spouse. It leaves them to a QDOT for their benefit instead (IRC § 2056A). A well-built QDOT still gets the marital deduction. No estate tax is due right away, even though the surviving spouse is not a citizen.
A QDOT has to meet a few strict rules to work:
- At least one trustee must be a U.S. citizen or a U.S. company. This is usually a bank or trust company. That trustee must have the legal power to hold back tax from any money paid out of the trust.
- A trust worth more than $2,000,000 needs a U.S. bank as trustee, or it must post a bond worth 65% of the trust’s value. A trust worth $2,000,000 or less can use any U.S. citizen or U.S. company as trustee instead. The IRS checks this every year, so a QDOT that starts small can trigger this rule later if it grows.
- The executor of the dead spouse’s estate must choose QDOT status within nine months of death, or up to fifteen months with the standard extension. This choice happens on the federal estate tax return. Miss that deadline, and the QDOT option is gone.
- A big payout from the trust’s main funds can trigger estate tax right then. The IRS collects that tax on Form 706-QDT. The trustee must file that form.
A QDOT is a type of irrevocable trust. Once you set it up and fund it, its terms mostly cannot change. So the trust papers need care from day one. They need the right trustee and the right tax rules built in from the start. Fixing a broken QDOT after the first spouse has died is much harder than building it right the first time. Georgia couples in this spot usually need an irrevocable trust built for these exact federal rules, not a generic form.
Georgia couples building a QDOT-ready irrevocable trust can check what an irrevocable trust costs in Georgia before they start. The fee is flat and posted up front. It does not grow into an open-ended hourly bill with every change.
The $194,000 Annual Gifting Workaround
A married couple does not have to wait for a death to move money to a non-citizen spouse. When both spouses are citizens, gifts between them during life are unlimited and tax free. Inheritances work the same way. That unlimited gift rule does not apply here.
Gifts to a non-citizen spouse get a special yearly cap instead, under IRC § 2523(i). For 2026, that cap is $194,000 a year. That is far more than the normal $19,000 yearly gift limit for gifts to anyone else. It is still a hard ceiling, though. Anything given past that amount in one year eats into the giver’s $15,000,000 lifetime limit instead.
For most Georgia couples, $194,000 a year is plenty of room. You can move real assets to a non-citizen spouse bit by bit, long before anyone thinks about a QDOT. Some couples move big income or business assets between spouses. For them, this yearly cap is worth planning around ahead of time. It should not be a surprise found after a big transfer already happened.
Should You Wait to Naturalize?
Some couples already have the non-citizen spouse in line for citizenship. For them, timing alone can fix this problem, with no QDOT needed. If the non-citizen spouse becomes a U.S. citizen before the federal estate tax return gets filed, the marital deduction problem goes away as if it never happened. They just have to stay a U.S. resident the whole time, from the date of death until they become a citizen.
That deadline is not the usual nine months after death. The real cutoff is the estate tax return deadline, plus any extension the executor asks for. Executors often ask for the automatic six-month extension. That gives a real window of up to fifteen months from the date of death.
This timing trick only helps in certain cases. Citizenship must already be close, or become close fast, once a spouse dies. A green card holder who already meets the wait-time rules can sometimes finish the process inside that window. A spouse who is years away cannot. For that couple, a QDOT or early gift planning is the only real fix. Ask whether waiting makes sense early. Do not wait until a death has already started the clock.
Portability and the DSUE for a QDOT Beneficiary
Married couples who are both U.S. citizens can use portability. Say the first spouse to die does not use all of their $15,000,000 limit. The leftover amount is called the Deceased Spousal Unused Exclusion, or DSUE. It passes to the surviving spouse to use later. This lets a couple share one combined $30,000,000 limit.
A QDOT changes when portability kicks in. It does not remove it. The DSUE amount is not final until the QDOT ends. That usually happens when the surviving spouse dies, or when the trust closes out. More estate tax on the QDOT’s main funds can still come due until then. The portability choice itself still gets made on the dead spouse’s estate tax return, just like any other couple. But the real dollar amount stays unsettled while the QDOT stays open.
A surviving non-citizen spouse with a QDOT still needs their own updated estate plan. That plan has to account for a DSUE amount that may not be final for years.
Using Life Insurance (ILIT or SLAT) as a QDOT Alternative
A QDOT is not the only tool out there. For some couples, it is not even the best one. Two other options come up a lot for a non-citizen spouse.
An Irrevocable Life Insurance Trust, or ILIT, owns a life insurance policy on the citizen spouse’s life. The trust owns and controls the policy, not the surviving spouse. So the payout skips the marital deduction problem entirely. It can hand the surviving spouse cash outside of probate. There is no QDOT tax holdback, and no Form 706-QDT to file.
A Spousal Lifetime Access Trust, or SLAT, lets one spouse give assets into an irrevocable trust ahead of time. That trust can still pay money back to the other spouse during their life. Meanwhile, those assets leave the citizen spouse’s own taxable estate. Set up early, while both spouses are alive, a SLAT can shrink how much ever needs to pass through a QDOT later.
Neither tool replaces a QDOT once a citizen spouse has already died holding assets that still need the marital deduction. Both work best as early planning. Set them up years before you expect to need them, either alongside or instead of a QDOT.
What This Means for a Georgia Couple
Georgia has no state estate tax and no inheritance tax of its own. The marital deduction rule, the QDOT rule, the $194,000 gift cap, and the citizenship timing rule are all federal law. They work the same way for a Georgia couple as for a couple in any other state.
What is different for a Georgia couple is more practical. How is a house or rental property titled under Georgia law? Was the will or trust drafted to meet Georgia’s own rules for signing and witnesses? Who is actually nearby to serve as the required U.S.-citizen or U.S.-company trustee, if a QDOT turns out to be the right tool? A QDOT, an ILIT, or a SLAT works best as one piece of a full Georgia estate plan. It is not a standalone fix bolted onto an otherwise unchanged will.
