Short answer
The surviving spouse’s own share of joint property is not part of the estate. The deceased’s share passes by inheritance, in which the spouse may participate alongside other heirs.
Practical example
An apartment bought during marriage is registered only to the husband. On his death, matrimonial ownership must be resolved before treating the whole apartment as estate property.
What to do
Find marriage, acquisition and financing records and any marital agreement. Distinguish personal property received by gift or inheritance.
Points to consider
A single registered owner does not settle matrimonial ownership; equally, marriage alone does not make every asset joint.
Legal basis
Civil Code of Georgia, Articles 1158, 1161, 1336, 1339. Current text: https://matsne.gov.ge/ka/document/view/31702
Information checked on 28 October 2026. The outcome depends on the documents and facts of the individual case.
Consult YURFIRMA to assess your documents and the appropriate legal route: https://yurfirma.ge/en/kontakty
This is general information and does not replace a legal assessment of your specific case. The current law and the relevant facts are checked again when you seek advice.