Georgia isn’t a group property state. Which means, not like group property states, Georgia regulation doesn’t robotically take into account belongings acquired throughout marriage to be collectively owned by each spouses. As a substitute, it operates underneath equitable distribution ideas. Within the occasion of a demise, if the decedent has a will, their belongings shall be distributed based on its provisions. If the decedent dies intestate (with out a 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 sometimes has an automated proper to half of the marital property, in Georgia, the distribution of belongings depends upon components resembling the desire, titles, and beneficiary designations. This method gives flexibility however requires cautious planning to make sure that belongings are distributed based on the decedent’s needs and the surviving partner’s wants. This turns into significantly necessary when contemplating blended households or second marriages.