Can a surviving spouse waive their rights to an intestate estate?

Yes, a surviving spouse in Georgia can waive their rights to an intestate estate. The Georgia statutes provide that a surviving spouse may waive their rights to an intestate estate by ‘express intention’. This intention must be expressed in writing, either in a will, codicil, or other writing that evidences the spouse’s intent to disinherit themselves. However, it is important to note that this waiver is only effective if the spouse would otherwise have been able to inherit from the decedent’s estate. If the waiver is executed properly, then the spouse’s interest in the intestate estate will be treated as if the spouse predeceased the decedent. In other words, their share will be divided amongst the other heirs, as if the spouse had not survived the decedent. Furthermore, if the intestate estate is subject to a creditor’s claim, then that claim will also be treated as if the waiving spouse had predeceased the decedent. However, there are certain rights that the waiving spouse cannot disinherit themselves from. These include the right to receive an elective share of the intestate estate, as well as the right to obtain reasonable family allowances and homestead allowances. Also, under some circumstances, the surviving spouse may still be entitled to a portion of non-probate assets such as life insurance proceeds. Overall, a surviving spouse in Georgia may waive their rights to an intestate estate, provided that they do so in accordance with the requirements set forth in the Georgia statutes. However, there are some rights that cannot be waived by the surviving spouse.

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Can a surviving spouse waive their rights to an intestate estate?

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