When someone passes away, their surviving family can be left financially vulnerable while the estate is tied up in probate. Georgia law offers a powerful protection for these families called Year’s Support—a right that can set aside estate property for a surviving spouse and minor children, even ahead of the deceased person’s creditors.
If you have lost a spouse or parent and need to understand your rights, call Met Lane & Associates, P.C. at 770-834-4107 for a free consultation.
What Is Year’s Support?
Year’s Support (O.C.G.A. § 53-3-1) allows a surviving spouse and minor children to petition the probate court to set aside property from the estate for their support and maintenance for the 12-month period following the death. The idea is to keep the family from suffering a sudden drop in their standard of living while the estate is being settled.
Who Can Claim It?
Only the surviving spouse and the decedent’s minor children are eligible. A spouse may file on their own behalf and on behalf of minor children, and a guardian or other person may file for a minor child.
How It Works
The eligible family member files a petition in the probate court that has jurisdiction over the estate, setting out a schedule of the specific property they ask to have set aside—which can include cash, real estate, vehicles, or other assets. Interested parties (such as heirs or creditors) receive notice and an opportunity to object, and the court decides what amount of support is appropriate based on the family’s circumstances.
Priority Over Creditors—and Even the Will
One of the most striking features of Year’s Support is its priority. Property awarded as Year’s Support generally comes ahead of nearly all other claims against the estate (except the costs of administration). In many cases it can even take precedence over what the will provides—making it a valuable tool to protect a surviving family, especially when an estate has significant debts.
The Filing Deadline
A Year’s Support petition generally must be filed within 24 months of the date of death. Because the process involves specific procedures and potential objections, it is wise to consult an attorney promptly.
Frequently Asked Questions
Who is entitled to Year’s Support in Georgia?
Only the surviving spouse and the decedent’s minor children. A spouse can file for themselves and on behalf of minor children.
Does Year’s Support come before creditors?
Yes. Year’s Support generally takes priority over other debts and claims against the estate, behind only the expenses of administration.
How long do I have to file for Year’s Support?
Generally within 24 months of the date of death. Filing in probate court involves a schedule of property and notice to interested parties.
Protect Your Family. Get a Free Consultation
Year’s Support can make a real difference for a grieving family—but the rules and deadlines matter. Met Lane & Associates can help you understand and pursue your rights—call 770-834-4107 or visit 619 Newnan St, Carrollton, GA 30117.