Understanding the concept of a “year’s support” in Georgia probate is incredibly important. It is often misunderstood and handled incorrectly, especially if done without the assistance of an experienced attorney. Year’s support is designed to help ensure that the surviving spouse and any children can receive financial support they need for the first twelve months after a decedent’s passing. Understanding how this works can make a big difference in the lives of the surviving family members.
At DeLorme, Hamilton, Raulston, PLLC, our Georgia probate attorneys are ready to help you. We help with the request for a year’s support and assist families throughout the probate process.
The Legal Purpose of Year’s Support
A Year’s Support exists to provide a surviving spouse and minor children with the resources necessary to maintain their standard of living for one year following the decedent’s death. Georgia is one of the few states that still offers this type of statutory protection, and it can be used whether or not the decedent left a will.
Year’s Support is not automatic. You must petition the probate court. But once granted, the award takes priority over most other claims, including creditor demands and even the terms of a will.
Who Can File for Year’s Support?
Only two groups are eligible:
- The surviving spouse
- Minor children (under age 18)
Adult children cannot file unless they are still legally considered minors at the time of the decedent’s death. If both a spouse and minor children exist, they may file together or separately. The court can divide the award between them based on need.
What Assets Can Be Awarded?
Year’s Support can include:
- Cash from bank accounts
- Vehicles
- Household furnishings
- Personal property
- Real estate, including the family home
- Other probate assets necessary for support
The award is flexible. The petitioner can request specific items or a general amount of money. The court evaluates the request based on the family’s standard of living, the estate’s size, and the financial needs of the spouse or children.
How the Year’s Support Process Works
Although Year’s Support is simpler than full probate, it still requires careful steps:
- File a Petition: The surviving spouse or minor child’s guardian files a petition in the probate court of the county where the decedent lived.
- Describe the Requested Support: The petition must list the assets or funds requested and explain why they are needed.
- Notify Interested Parties: Heirs and creditors receive notice and have the right to object.
- Court Review or Hearing: If no one objects, the court may approve the petition without a hearing. If objections arise, a hearing is scheduled.
- Final Order: Once granted, the Year’s Support award becomes legally binding and transfers ownership of the approved assets.
The process can be completed in a matter of weeks if uncontested, but objections or complex assets may extend the timeline.
Why Year’s Support Matters
Year’s Support can significantly reshape the estate. Key benefits include:
- Priority Over Most Creditors: Many debts must wait until the Year’s Support award is satisfied.
- Ability to Claim the Family Home: A spouse can request the home as part of the award, even if the will or intestacy rules would divide it among multiple heirs.
- Protection for Minor Children: Assets awarded to minors are typically placed under conservatorship or managed by a guardian.
- Flexibility: The petitioner can request exactly what they need: cash, property, or both.
Because of these advantages, Year’s Support is often used strategically to protect essential assets and stabilize the family’s finances.
When Year’s Support Becomes Complicated
Although powerful, Year’s Support can trigger disputes. Common issues include:
- Heirs objecting to the size of the award
- Creditors challenging the petition
- Disagreements over property valuation
- Complications involving jointly owned real estate
- Situations where the decedent’s will conflicts with the requested award
These challenges don’t prevent Year’s Support, but they do require careful handling and clear documentation.
Consult a Georgia Probate Lawyer for Help with a “Year’s Support”
If you are going through Georgia probate and need a “year’s support” under the law, your request is best done with an experienced probate attorney.
Our team at DeLorme, Hamilton, Raulston, PLLC can help with your legal needs. Contact us today for a consultation.