Is the surviving spouse always entitled to a share of the estate?

In the state of Georgia, the surviving spouse is usually entitled to a share of the estate when the deceased had no last will and testament. This is known as Intestate Succession Law. Under Georgia’s intestate succession law, when there is no valid will, the surviving spouse is entitled to a portion of the estate, depending on the other beneficiaries that may exist. If there are no children from the marriage, the surviving spouse is entitled to the entire estate. If there are stepchildren, the surviving spouse may be entitled to one-half of the estate. If there are children from the marriage, but not stepchildren, the surviving spouse may be entitled to two-thirds of the estate. Finally, if the deceased has children from a previous relationship, the surviving spouse may be entitled to one-third of the estate. If the deceased has no spouse, the estate will be passed to the children of the deceased. If there are no children, the estate will be passed to the deceased’s parents or siblings. If there are no surviving relatives, the estate will pass to the state. It is important to note that having a valid will in place is the best way to ensure that your estate is distributed in accordance with your wishes. If you die without a will, the state intestate succession law will be applied and could result in your estate being distributed differently than you would have wanted.

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Is the surviving spouse always entitled to a share of the estate?

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