Georgia's year's support law gives surviving spouses and minor children priority access to estate assets — even before creditors are paid. GA Law Group helps families claim this important protection and advises executors on their obligations.
Georgia's year's support statute (O.C.G.A. § 53-3-1 et seq.) is one of the most distinctive features of Georgia estate law. It provides surviving spouses and minor children of a Georgia decedent a right to receive assets from the estate sufficient for their support for twelve months following death — and this right takes priority over most creditor claims.
A surviving spouse who was legally married to the decedent at the time of death qualifies for year's support. Minor children (under 18) of the decedent also qualify, whether or not their parent survived. The right belongs to the individual, not the estate, and can be claimed even if the decedent had significant debts.
The year's support can include cash, real property (including the family home), personal property, or a combination. The amount must be reasonable for the support of the surviving spouse and minor children — courts consider the family's standard of living, income, and existing assets. There is no fixed dollar limit.
A year's support petition is filed in the Probate Court of the county where probate is pending. The court appoints appraisers to assess the claim and publishes notice to creditors. If creditors object, a hearing is held. Once granted, the award is set aside from the estate before any creditor distributions are made.
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Learn MoreGA Law Group handles year's support matters throughout Northeast Georgia. Schedule a free consultation to discuss your situation.
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