Does a Spouse Automatically Inherit Everything? It depends. If the deceased has a will and is probated and accepted by the probate court, the spouse will receive what has been designated in the will. If the decedent doesn't have a will, then the Georgia Intestate Succession rules apply.
Joint Tenancy with Right of Survivorship (JTWROS) in Georgia This form of ownership allows two or more people to own property equally, with the assurance that the property will transfer directly to the surviving owner(s) upon the death of any co-owner.
Jointly owned real estate goes automatically to your husband/wife. It is possible for jointly held property to go automatically to a spouse in Georgia.
Joint tenancy supersedes the terms of a will if one of the tenants changes his mind. If you pass away, you cannot transfer your property shares to your heirs. In the JTWROS meaning, when a co-owner dies, his share of the home passes immediately to the surviving co-owners.
(3) Any instrument of title using one of the forms of expression referred to in paragraph (2) of this subsection or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument ...
For example, if two unmarried partners make equal contributions toward purchasing a inium and they choose to hold title as joint tenants, the surviving joint tenant will automatically become the sole and separate owner of the inium after the first joint tenant dies.
If there are two or more surviving parties, the respective ownership of each during his lifetime shall be in proportion to his previous ownership interests under Code Section 7-1-812, augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; ...