The estate tax marital deduction—also known as the unlimited marital deduction or the marital deduction—allows one married spouse to transfer an unlimited amount of assets to the other spouse without incurring estate taxes on those assets. The marital deduction is calculated by subtracting the value of the assets passed on or transferred to the other spouse from the total value of the transferring spouse’s gross estate.

A transfer that qualifies for the marital deduction may be made while both spouses are alive or after the death of a spouse, as provided in the deceased spouse’s will.

In Georgia, as in all states across the United States, the estate tax marital deduction is a provision under federal law that allows a married individual to transfer an unlimited amount of assets to their spouse without incurring federal estate taxes. This deduction is applicable to transfers made both during life and at death through a will. It's important to note that Georgia does not impose a state estate tax, so the marital deduction in question pertains to federal estate taxes only. The value of the assets transferred to the surviving spouse is deducted from the decedent's gross estate, potentially reducing the estate tax liability to zero if all assets are passed to the surviving spouse. However, for the transfer to qualify for the marital deduction, the recipient spouse must be a U.S. citizen, and the assets must be transferred outright or through certain types of trust arrangements. It's also worth mentioning that the federal government has a significant exemption amount before any estate tax is due, which should be considered when planning estate transfers.