Estate Law · Georgia
Georgia estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Georgia residents.
- Georgia intestacy gives the surviving spouse a child's share, with no less than one-thirdGA intestacy: surviving spouse takes a child's share with one-third minimum. Smaller spousal share than many states with multiple descendants.
- Georgia requires two competent witnesses for will executionGeorgia will requires testator's signature and two competent witnesses signing in the testator's presence. No holographic wills generally recognized.
- Georgia 'no administration necessary' procedure handles estates with few or no debtsGA 'no administration necessary' allows estate distribution without formal probate when heirs agree and debts are minimal. Reduces probate cost.
- Georgia's Uniform Power of Attorney Act provides default-durable POAsGeorgia's Uniform Power of Attorney Act (2017) makes POAs durable by default. Hot powers must be expressly enumerated. Third-party acceptance protections apply.
- Georgia year's support gives surviving spouse and minor children priority over creditorsGA year's support gives surviving spouse and minor children priority over creditors and most beneficiaries. No monetary cap. Court-determined amount.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Georgia attorney.