Georgia just isn’t a group property state. Because of this, not like group property states, Georgia legislation doesn’t routinely contemplate belongings acquired throughout marriage to be collectively owned by each spouses. As a substitute, it operates underneath equitable distribution rules. Within the occasion of a loss of life, if the decedent has a will, their belongings might be distributed in keeping with its provisions. If the decedent dies intestate (with no will), Georgia’s intestacy legal guidelines will govern the distribution of the deceased’s separate property.
Understanding this distinction is essential for property planning functions. Whereas in a group property state, every partner usually has an automated proper to half of the marital property, in Georgia, the distribution of belongings relies on components resembling the need, titles, and beneficiary designations. This technique offers flexibility however requires cautious planning to make sure that belongings are distributed in keeping with the decedent’s needs and the surviving partner’s wants. This turns into significantly vital when contemplating blended households or second marriages.