I'm in Ga. And I am not on the deed to our home. If my husband dies what happens to our home?

Does he have a will? If not, are there any other heirs that might be able to claim a share of his estate according to GA laws of inheritance?

Is there a Will? How is the house addressed in the Will?

If there is no Will (that's called dying intestate) the estate is distributed according to law. MyStateWill.com | Georgia Intestate Laws (http://www.mystatewill.com/statutes/ga_law.php)

Is there a Will? How is the house addressed in the Will?

If there is no Will (that's called dying intestate) the estate is distributed according to law. MyStateWill.com | Georgia Intestate Laws (http://www.mystatewill.com/statutes/ga_law.php)


"... (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, ..."

In other words, it depends on two things:


Is there a will? If so, the property goes to whomever is named in the will (But one could look elsewhere in the Georgia probate code for an elective share provision; such are common.)
Are there children?

If not, widow gets it all.
If there are, widow and children each get a share.



Moral of the story: ask your husband to do some estate planning with an attorney. If there is a will, probate (application to the court) will be required. Alternatively, he might consider transferring the title to you and himself, as joint tenants with right of survivorship (a/k/a tenancy by the entirety).

The old saying is true: "Don't be penny-wise and pound foolish." In other words, pay a lawyer a little bit now for advice, or pay a lot later for probate.