---
title: O.C.G.A. § 53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.
collection: code
id: 53-2-8
cite_as: O.C.G.A. § 53-2-8 (2025)
canonical_url: https://georgiacommons.org/code/53-2-8
md_url: https://georgiacommons.org/code/53-2-8.md
text_url: https://georgiacommons.org/code/53-2-8/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=260
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / DESCENT AND DISTRIBUTION / GENERAL PROVISIONS
---

# O.C.G.A. § 53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.

(a) When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent’s death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse’s death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the property under the intestacy laws if the spouse had predeceased the decedent.

(b) The nonexistence of heirs of the spouse may be determined by publication as provided in Code Section 53-2-51. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in subsection (a) of this Code section.

## History

Code 1981, § 53-2-8, enacted by Ga. L. 1996, p. 504, § 10.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1996, ‘‘Code Section’’ was substituted for ‘‘Code section’’ in the first sentence in subsection (b).