Georgia’s Year’s Support law is one of the most powerful — and sometimes misunderstood — tools available to surviving spouses and minor children after someone passes away. Unlike many states, Georgia gives certain family members the right to claim property before almost anyone else, even before creditors in some cases.
If you’re navigating probate or planning your estate, understanding how Year’s Support works can make a major difference. Here’s what families in Georgia need to know.
What Is Year’s Support in Georgia?
Year’s Support is a legal allowance granted by the probate court to the surviving spouse and/or minor children of a deceased person.
It’s meant to provide financial protection for the first year after death, ensuring the family’s basic needs are met.
Under O.C.G.A. § 53-3-1, the court may set aside certain estate assets for the spouse and minor children.
This award:
- Comes before most creditor claims
- Can include real estate, money, vehicles, and personal property
- Can dramatically alter how the estate is distributed
This is why Year’s Support is one of the strongest rights spouses and minor children have under Georgia probate law.
Who Can File for Year’s Support?
Only two groups are eligible:
1. The Surviving Spouse
A surviving husband or wife may file, even if separated (unless legally divorced).
2. Minor Children
Children under age 18 may file for Year’s Support individually or through a guardian. Adult children are not eligible, even if financially dependent.
If both a spouse and minor children exist, the court may award Year’s Support to both.
What Can Be Awarded Through Year’s Support?
A Year’s Support award may include:
- The family home
- Vehicles
- Household items and furnishings
- Bank accounts
- Investments
- Cash to cover living expenses
- Other personal property
The court determines the value based on the spouse’s or minors’ needs for 12 months of support, considering the deceased’s standard of living.
How Year’s Support Fits Into the Probate Process
Year’s Support affects probate in important ways:
1. It Can Override the Will
Even if the decedent’s will gives property to someone else, a Year’s Support award can supersede those instructions.
2. It Takes Priority Over Most Creditors
Only a few debts — like secured mortgages or taxes — may come before Year’s Support.
3. It Can Reduce or Eliminate What Other Heirs Receive
If most assets are awarded as Year’s Support, the remaining estate could be significantly smaller.
This is why executors and heirs should understand Year’s Support and plan accordingly.
For help with probate issues, see our Georgia Probate Lawyer services.
When Should Someone File for Year’s Support?
A petition must be filed within a specific period:
- Within 24 months of the date of death
- But typically filed early in the probate process
Delaying can make it harder to secure assets or prevent creditors from being paid first.
A probate attorney can help prepare the petition and supporting documentation.
How the Year’s Support Petition Works
The petitioner files in the probate court of the county where the decedent lived. The process generally includes:
- Filing the Year’s Support petition
- Listing the assets requested
- Serving notice to heirs and interested parties
- Allowing time for objections
- Court review and final award
If no objections are filed, many petitions are approved without a hearing.
If objections are raised — often by adult children or other heirs — the court may hold a hearing to evaluate the spouse’s or children’s financial needs.
Can Heirs Object to a Year’s Support Petition?
Yes. Adult children, siblings, or other heirs can object if they believe:
- The request exceeds reasonable needs
- The property requested is unnecessary
- The petition undervalues or misrepresents assets
But courts usually favor protecting the spouse or minors unless evidence shows the request is unreasonable.
If your family is facing a Year’s Support dispute, our attorneys can help — visit our Estate Planning page for guidance.
How Year’s Support Impacts Estate Planning
Understanding this law is essential when building a Georgia estate plan. You can reduce conflicts by:
- Using trusts to protect assets
- Updating beneficiary designations
- Planning for your spouse’s long-term care
- Structuring inheritances for adult children
- Ensuring clear communication among family members
A well-prepared estate plan can prevent later disputes over Year’s Support rights.
Final Thoughts
Georgia’s Year’s Support law is designed to ensure that surviving spouses and minor children are financially protected during a vulnerable time. When used correctly, it can safeguard the family home, stabilize finances, and give loved ones time to grieve without added stress.
If you need help filing for Year’s Support or planning your estate to account for it, the attorneys at Hurban Law can guide you through every step.
