Year’s Support Showdown: How Georgia’s Unique Provision for Spouses and Children Can Upend a Will

Georgia’s year’s support is a powerful statute that lets a surviving spouse or minor children claim a portion of the decedent’s estate free from creditor claims and distribution under the will. The statute provides that the spouse and minor children are entitled to a year’s support for their maintenance for 12 months after death, and this claim takes priority over most debts. Unlike an elective share, a year’s support can completely override the provisions of a will if the award consumes the entire estate.

Filing Requirements

According to Georgia Code § 53-3-5, families have two years from the date of death to submit a petition for year’s support in probate court. The surviving spouse, or a guardian acting for minor children, must list the heirs, describe the property requested, and provide the value.

Even if there is a will, the petition asks the court to set aside property or money sufficient for the support of the spouse or children. The court will then publish notice and allow creditors or other heirs to object.

How Awards Are Determined

Georgia courts consider the family’s standard of living and the size of the estate when deciding how much property to set aside. Because the award is intended for maintenance, courts commonly grant a house, vehicles, and cash sufficient for one year’s expenses.

If no objections are filed, the petition may be granted without a hearing. Once approved, the award is permanent and passes outside the estate.

Impact on Heirs and Creditors

A year’s support has significant consequences. It takes precedence over most debts and can leave other heirs with little or nothing. Additionally, creditors whose claims are subordinate (e.g., unsecured creditors) may be barred from collecting if the estate is consumed by the award. Because of its potential impact, heirs and creditors should consider whether to challenge the petition.

If you are a surviving spouse or child seeking a year’s support, or an heir concerned about protecting your inheritance, The Williams Litigation Group can guide you through the process. The deadlines and procedures are strict, and the outcome can dramatically alter the distribution of an estate. Call us at 1-866-214-7036 or fill out our online form to discuss your options.