Georgia isn’t a neighborhood property state. Because of this, in contrast to neighborhood property states, Georgia regulation doesn’t routinely take into account property acquired throughout marriage to be collectively owned by each spouses. As an alternative, it operates beneath equitable distribution rules. Within the occasion of a demise, if the decedent has a will, their property shall be distributed based on its provisions. If the decedent dies intestate (and not using 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 neighborhood property state, every partner sometimes has an computerized proper to half of the marital property, in Georgia, the distribution of property relies on elements reminiscent of the need, titles, and beneficiary designations. This technique gives flexibility however requires cautious planning to make sure that property are distributed based on the decedent’s needs and the surviving partner’s wants. This turns into notably vital when contemplating blended households or second marriages.