Georgia Estate Planning Data Sheet

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Multi-State
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US-0283-WG
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Estate Planning Data Sheet
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FAQ

Who Gets What in Georgia? If you die with:here's what happens:parents but no spouse or descendantsparents inherit everythingsiblings but no spouse, descendants, or parentssiblings inherit everything3 more rows

If you die with: A spouse but no children, your spouse will inherit your entire estate. Children but no spouse, your children will split everything equally.

The subsequent marriage of the testator automatically revokes such a will. Williams v. Lane, 193 Ga. 306, 18 S.E.2d 481 (1942) (decided under former Code 1933, § 113-408).

The default rule is that the spouse splits the estate with the deceased's children, but the spouse will never receive less than one-third of the estate. It is important to remember that only natural and adopted children count. Stepchildren of the deceased do not count.

There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.

But the basic legal jargon is ?Can I disinherit my spouse?? AKA ?Can I leave things to everyone but my spouse or only leave a small amount to my spouse?? The answer is, in Georgia, yes. You are not required to leave any percentage of your estate to your spouse.

Assets with the following are usually non-probate properties: A beneficiary designation (e.g., life insurance policies with named beneficiaries) A pay on death or designation. A transfer on death designation. Jointly owned property.

If a person dies without a will, and the estate goes through Georgia probate, there are three possible probate proceedings. Permanent Administration requires that all heirs receive a notice and that the spouse becomes the estate administration unless they decline or are disqualified.

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Georgia Estate Planning Data Sheet