2026 data Public-data reference. official source

Georgia Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for Georgia (GA)

3.4/5 Friendliness No Estate/Inheritance Tax 0 0

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in Georgia

Probate Costs

Filing Fee $55–$300
Attorney Fee hourly
Executor Fee ~2.5%
Timeline 6–12 months
Small Estate Threshold $10,000

No formal probate for collecting estates under $10,000

Probate Code

Uniform Probate Code Not Adopted

Georgia has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property No (Common Law)

Georgia follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

3.4 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for Georgia.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in Georgia.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — Georgia 4.0%
National median

Attorney fees negotiated rather than statutory — actual percentage varies by engagement.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

Georgia probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

Georgia probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — Georgia

IRS Statistics of Income data showing estate tax returns filed by Georgia residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 167 $4.9B $0.7B
2022 156 $5.9B $0.4B
2021 113 $3.1B $0.5B

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the Georgia Estate Data Reveals

Georgia imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of Georgia estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 167 federal estate tax returns filed by Georgia residents in the most recent available year (filing year 2023), reporting $4.87 billion in combined gross estate value. Net federal estate tax paid totaled $0.67 billion that year. Across the multi-year IRS SOI series above, Georgia averages roughly 145 taxable filings per year, with an effective federal rate on reported gross estates of about 11.5%.

Probate itself typically runs 6–12 months in Georgia (roughly 9 months on average), with court filing fees of $55–$300. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. Georgia does offer a simplified small-estate track for estates under $10,000, which most families use to bypass full formal probate. Because Georgia has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, Georgia treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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Georgia Estate Tax FAQs

Does Georgia have an estate tax?

No. Georgia does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes Georgia more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does Georgia have an inheritance tax?

No. Georgia does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in Georgia?

Probate in Georgia typically takes 6 to 12 months. Estates under $10,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in Georgia?

Court filing fees in Georgia range from $55 to $300. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees. Executor compensation is typically around 2.5% of the estate.

Can you avoid probate in Georgia?

Yes. Common probate avoidance strategies in Georgia include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. Georgia also offers a simplified process for small estates under $10,000.

How will the 2026 federal estate tax sunset affect Georgia residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While Georgia has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page