Legal Question in Wills and Trusts in Georgia

That depends on what property and assets she had in her name, and how they were titled. Some property will pass by operation of law (joint with right of survivorship, transfer on death, payable on death), some will pass by beneficiary designation (IRA, life insurance, annuities), some will be controlled by probate and will pass by intestate succession laws (joint ownership or sole ownership).

Probate property will pass 1/3rd to husband and the other 2/3rds will be divided among the children.

James Swain's answer is partly correct but a surviving spouse may also claim years support. This is a situation where he needs to see a lawyer immediately before doing anything.