Bankruptcy exemptions in Georgia: what you can keep

The Georgia exemption list, the homestead rule, which state's law applies and how to claim exemptions.

Checked against official sources: October 25, 2026.

Short answer

In Georgia you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): $50,000 of your interest in real or personal property that you or a dependent use as a residence, or in a burial plot.

Exemption system: State exemptions only
Car or other vehicle: $5,000 total in all motor vehicles (per debtor)
Wildcard (any property): $1,200 in any property, plus up to $10,000 of any unused homestead exemption.
Amounts: Homestead $50,000 / $100,000 effective July 1, 2026 (H.B. 1024, 2026 session, signed by Governor Kemp; listed on the Governor's 2026 signed-legislation page; announced by the U.S. Bankruptcy Court for the Middle District of Georgia on June 12, 2026).

The Georgia exemption list

Exemptions are the property the law lets you keep. You use the Georgia list. The federal list is not available in Georgia.

Law: O.C.G.A. § 44-13-100(b)

What	Georgia exemption
Home (homestead)	$50,000 of your interest in real or personal property that you or a dependent use as a residence (including a co-op or mobile home), or in a burial plot The $50,000 is per debtor. It is $100,000 when the home is titled in only one of two spouses, that spouse is the debtor, and the home is the primary residence of both spouses. Starting July 1, 2031, both amounts will be adjusted each year for inflation, using a rate set by the state revenue commissioner. Any unused homestead amount (up to $10,000) can be added to the wildcard. Law: O.C.G.A. § 44-13-100(a)(1)(A)-(B), as amended by H.B. 1024 (2026)
Car or other vehicle	$5,000 total in all motor vehicles (per debtor) Law: O.C.G.A. § 44-13-100(a)(3)
Household goods and clothing	Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments for personal or family use: up to $300 per item and $5,000 total. Jewelry up to $500 total. Prescribed health aids (no limit). Law: O.C.G.A. § 44-13-100(a)(4), (5), (10)
Wildcard (any property)	$1,200 in any property, plus up to $10,000 of any unused homestead exemption Law: O.C.G.A. § 44-13-100(a)(6)
Tools of your trade	$1,500 in implements, professional books or tools of your trade (or a dependent's trade) Law: O.C.G.A. § 44-13-100(a)(7)
Retirement accounts	IRAs and money not yet paid out of public-employee retirement plans, qualifying nonprofit plans and similar private plans are exempt. Payments you receive from pensions, annuities and IRAs are exempt to the extent reasonably necessary to support you and your dependents. Health savings and medical savings accounts are exempt. Law: O.C.G.A. § 44-13-100(a)(2)(E)-(G), (2.1)
Public benefits	Your right to receive Social Security, unemployment compensation, local public assistance, veterans' benefits, and disability or illness benefits is exempt. Law: O.C.G.A. § 44-13-100(a)(2)(A)-(C)
Other exemptions	Alimony and child support you receive, to the extent reasonably necessary to support you and your dependents. Any unmatured life insurance policy you own (not credit life), plus up to $2,000 in its cash value, loan value or accrued dividends. Personal-injury payments up to $10,000 (not pain and suffering or actual money losses), crime-victim awards, and wrongful-death, life-insurance and lost-earnings payments reasonably necessary for support. Law: O.C.G.A. § 44-13-100(a)(2)(D); O.C.G.A. § 44-13-100(a)(8), (9); O.C.G.A. § 44-13-100(a)(11)

Amounts: Homestead $50,000 / $100,000 effective July 1, 2026 (H.B. 1024, 2026 session, signed by Governor Kemp; listed on the Governor's 2026 signed-legislation page; announced by the U.S. Bankruptcy Court for the Middle District of Georgia on June 12, 2026). Other amounts are unchanged; they match the current text of § 44-13-100 as reprinted by the General Assembly in S.B. 87 (2025, LC 49 2127).

The Georgia homestead exemption

$50,000 of your interest in real or personal property that you or a dependent use as a residence (including a co-op or mobile home), or in a burial plot

The $50,000 is per debtor. It is $100,000 when the home is titled in only one of two spouses, that spouse is the debtor, and the home is the primary residence of both spouses. Starting July 1, 2031, both amounts will be adjusted each year for inflation, using a rate set by the state revenue commissioner. Any unused homestead amount (up to $10,000) can be added to the wildcard.

Law: O.C.G.A. § 44-13-100(a)(1)(A)-(B), as amended by H.B. 1024 (2026)

IRAs, 401(k)s and pensions

IRAs and money not yet paid out of public-employee retirement plans, qualifying nonprofit plans and similar private plans are exempt. Payments you receive from pensions, annuities and IRAs are exempt to the extent reasonably necessary to support you and your dependents. Health savings and medical savings accounts are exempt.

Law: O.C.G.A. § 44-13-100(a)(2)(E)-(G), (2.1)

Retirement money in tax-exempt accounts is protected whichever set of exemptions you use (IRAs subject to the 522(n) cap).

Law: 11 U.S.C. 522(b)(3)(C), 522(d)(12), 522(n)

What changed in 2024–2026 in Georgia

July 1, 2026: homestead exemption raised from $21,500 to $50,000, and from $43,000 to $100,000 when the home is titled in one spouse who is the debtor and is the primary residence of both spouses (the 'primary residence of both spouses' condition is also new). Annual inflation adjustments begin July 1, 2031.

Law: H.B. 1024, 2026

Which state's law applies

You use the exemption law of the state where you lived (your domicile) for the full 730 days (2 years) before you filed. If you moved between states during those 2 years, you use the law of the state where you lived for the 180 days before that 2-year period, or where you lived the longest part of those 180 days.

Law: 11 U.S.C. 522(b)(3)(A)

Georgia's opt-out law defines a Georgia-domiciled debtor as someone whose domicile was in Georgia for the 180 days before filing, or for longer in that period than anywhere else.

Law: O.C.G.A. § 44-13-100(b)

If this rule leaves you with no exemptions at all (for example, the state's exemptions apply only to its residents and you no longer live there), you can use the federal exemptions instead.

Law: 11 U.S.C. 522(b)(3), flush language

In nearby states

South Carolina: State exemptions only. Home (homestead): $80,125 per debtor in your home (or a co-op or a burial plot for you or a dependent).
Alabama: State exemptions only. Home (homestead): $18,800 of home value per owner, on up to 160 acres.
Tennessee: State exemptions only. Home (homestead): $35,000 in real property you own and that you, your spouse or a dependent use as your principal residence.
Florida: State exemptions only. Home (homestead): unlimited dollar value.

Steps to protect what you can in Georgia

Make a property list
Every item of property goes on Official Form 106A/B.
Match each item to an exemption
Use the Georgia table above to see which exemption covers each item and how much.
Claim your exemptions
The exemptions you choose go on Official Form 106C.
Get help
Ask for free help: Atlanta Legal Aid Society (metro Atlanta) and Georgia Legal Services Program (outside metro Atlanta).

Where to get free help in Georgia

Questions about exemptions in Georgia

State or federal exemptions in Georgia?

No. Georgia requires you to use the state exemptions.

What is the homestead exemption in Georgia?

$50,000 of your interest in real or personal property that you or a dependent use as a residence (including a co-op or mobile home), or in a burial plot

Can I keep my car in Georgia?

$5,000 total in all motor vehicles (per debtor)

Does Georgia have a wildcard exemption?

$1,200 in any property, plus up to $10,000 of any unused homestead exemption

What personal property is protected in Georgia?

Household furnishings, household goods, clothing, appliances, books, animals, crops and musical instruments for personal or family use: up to $300 per item and $5,000 total. Jewelry up to $500 total. Prescribed health aids (no limit).

What happens to retirement money in Georgia?