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Intestate Succession Laws in Georgia

In Georgia, a surviving spouse shares the estate equally with the children but never takes less than one-third, and is the sole heir when there are no children or other descendants. Georgia is not a community property state.

Last checked . General information, not legal advice.

Georgia at a glance

Spouse share with shared children
Equal share with children, at least 1/3
The descendants of a deceased child take that child's share.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate
The spouse is the sole heir when no child or other descendant survives.
Community property state
No

Sources

Last checked

The rules in Georgia

How much does a surviving spouse inherit in Georgia when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Georgia: Equal share with children, at least 1/3. The descendants of a deceased child take that child's share.

Does a surviving spouse in Georgia inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Georgia: no.

How much does a surviving spouse inherit in Georgia when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Georgia: Entire estate. The spouse is the sole heir when no child or other descendant survives.

Is Georgia a community property state?

No. Community property state in Georgia: no.

Where do the Georgia intestate succession laws come from?

The rules above come from Ga. Code 53-2-1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.