Skip to content
Oakclause

Spousal Elective Share Law in Georgia

Georgia protects a surviving spouse through year's support, property set apart for 12 months of support, which must be petitioned for within 24 months of death.

Last checked . General information, not legal advice.

Georgia at a glance

Elective share
Year's support (no percentage elective share found)
Year's support is property set apart for the spouse and minor children for 12 months of support, ahead of most other debts.
Deadline to elect
No election; year's support petition within 24 months
The 24-month limit applies to the year's support petition, not to an elective share.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Georgia

How much can a surviving spouse claim in Georgia if left out of the will?

Elective share in Georgia: Year's support (no percentage elective share found). Year's support is property set apart for the spouse and minor children for 12 months of support, ahead of most other debts.

What is the deadline to claim the elective share in Georgia?

Deadline to elect in Georgia: No election; year's support petition within 24 months. The 24-month limit applies to the year's support petition, not to an elective share.

Is Georgia a community property state?

No. Community property state in Georgia: no. Not on the IRS list of community property states.

Where do the Georgia spousal elective share laws come from?

The rules above come from O.C.G.A. 53-3-1 and O.C.G.A. 53-3-5. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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