---
title: O.C.G.A. § 53-4-74. Pecuniary marital deduction testamentary gift or transfer.
collection: code
id: 53-4-74
cite_as: O.C.G.A. § 53-4-74 (2025)
canonical_url: https://georgiacommons.org/code/53-4-74
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text_url: https://georgiacommons.org/code/53-4-74/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=465
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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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / WILLS / CONSTRUCTION OF WILL; TESTAMENTARY GIFTS
---

# O.C.G.A. § 53-4-74. Pecuniary marital deduction testamentary gift or transfer.

(a) As used in this Code section, the term ‘‘marital deduction testamentary gift or transfer’’ means a testamentary gift or transfer of assets, including cash, which qualifies for the federal estate tax marital deduction.

(b) Where a will or trust agreement authorizes or requires an executor, administrator, or trustee to satisfy a pecuniary marital deduction testamentary gift or transfer wholly or partly by a distribution of assets in kind at values which are finally determined for federal estate tax purposes or at values which are determined by reference to such federal estate tax valuation, the executor, administrator, or trustee, in satisfaction of the pecuniary marital deduction bequest or transfer, shall distribute assets, including cash, which shall have an aggregate fair market value fairly representative of the distributee’s proportionate share of the appreciation or depreciation, from the date or dates of federal estate tax valuation to the date or dates of distribution in satisfaction of the pecuniary marital deduction bequest or transfer.

## History

Code 1981, § 53-4-74, enacted by Ga. L. 1996, p. 504, § 10.

## Law Reviews

For note, ‘‘Advantages and Disadvantages of Intestate Death for Married Persons with an Estate of $120,000 or Less,’’ see 9 Ga. St. B.J. 102 (1972).