Year's Support Attorney in Northeast Georgia

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 gives a surviving spouse and minor children the right to receive enough property from the estate to support them for twelve months after the death, and that right takes priority over most creditor claims.

Who Qualifies

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.

What Can Be Claimed

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 spouse and minor children, and courts consider the family's standard of living, income, and other assets. There is no fixed dollar limit.

The Process

A year's support petition is filed in the Probate Court of the county where probate is pending. Notice is published and given to interested parties, including known creditors. If no one objects, the court can grant the petition; if someone objects, the court holds a hearing. The petition must be filed within 24 months of the date of death (O.C.G.A. § 53-3-5). Once granted, the award is set aside before creditors are paid.