Estate Planning Guide
Estate Planning in Georgia: A Complete Guide
Here's what surprises most Georgia residents when they first sit down with an estate attorney — the rules here aren't what most people expect. Georgia has no state estate tax and a relatively accessible probate system. One distinctive Georgia feature is the 'year's support' claim — a surviving spouse can claim assets outside the normal probate process.
Georgia Probate
Georgia probate is handled in the Probate Court of each county and is generally accessible and affordable. The year's support petition is a unique Georgia mechanism allowing a surviving spouse to claim assets — even from an otherwise valid will.
Georgia Estate Tax
Georgia has no state estate tax. Federal estate tax applies to estates exceeding $13.61 million (2024).
Key facts for Georgia residents
These are the things that genuinely matter when you're building an estate plan in Georgia — the details that affect your family directly.
- 1
No Georgia state estate tax (federal estate tax applies above $13.61M)
- 2
Year's support law: surviving spouse can claim a court-awarded support amount from the estate
- 3
Probate required for assets held in individual name — no dollar threshold
- 4
Non-probate affidavit available for small estates
- 5
Transfer-on-death deeds became available in Georgia in 2023
What makes Georgia different
Every state has quirks that can trip you up. These are the considerations that are specific to Georgia— and the ones most people don't find out about until it's too late.
Year's support can override a will — careful planning needed if remarried or in blended families
Atlanta real estate values have risen dramatically — estates increasingly need formal planning
Georgia's Medicaid estate recovery program affects planning for long-term care
Transfer-on-death deeds, now available, provide a simple probate avoidance tool
Documents most used in Georgia
These are the documents Georgia families rely on most. Having them in place gives your family clarity and protects your wishes.
Last Will and Testament
Revocable Living Trust
Transfer-on-Death Deed
Advance Directive for Health Care
Durable Power of Attorney
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Frequently asked questions about estate planning in Georgia
Does Georgia have a state estate tax?
No — Georgia has no state estate tax. The federal estate tax applies only to estates exceeding $13.61 million per individual (2024). Georgia also has no state inheritance tax.
How does Georgia probate work?
Georgia probate is handled through the Probate Court in each county. Georgia allows both solemn form and common form probate. Solemn form provides immediate finality but requires more process; common form is simpler but can be contested for up to 4 years.
Can Georgia residents use a transfer-on-death deed?
Georgia enacted transfer-on-death deed legislation effective 2024. Georgia residents can now transfer real property to named beneficiaries without probate using a transfer-on-death deed recorded before death.
What is Georgia's year's support?
Georgia law provides for a 'year's support' allowance — a court award of property to a surviving spouse and minor children sufficient to support them for one year after the decedent's death. This allowance takes priority over most creditor claims and even over the will.
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Important disclaimer
This content is for general informational purposes only and does not constitute legal, tax, or financial advice. It was created with the assistance of AI and may contain inaccuracies. State laws change frequently — always consult a qualified attorney or financial advisor in Georgia before making estate planning decisions.