The death of a loved one brings grief and stress, often coupled with financial uncertainty. This is especially true if the deceased was the family’s primary earner. While many people think only of a will in these situations, Georgia law provides another powerful tool: Year’s Support.
What is Year’s Support in Georgia?
Year’s Support is a unique provision of Georgia probate law that allows a surviving spouse, minor children, or both to claim assets from the estate. Despite its name, it is not limited to one year. Instead, it is a permanent award of property valued to provide 12 months of reasonable support, taking into account the standard of living to which the family is accustomed.
This right must be claimed within 24 months of the decedent’s death, and it is lost if the spouse remarries or dies before filing, or if a child reaches adulthood before filing. The claim can be contested, but courts generally uphold it if properly filed.
Why Year’s Support Matters
Year’s Support gives surviving family members priority over most creditors and even over the terms of a will. This makes it especially valuable when:
The estate is burdened with heavy debts.
A spouse is left in conflict with children from a prior marriage.
A will does not provide adequately for the surviving spouse or minor children.
The award does not cancel mortgage debt, but it can eliminate obligations such as credit cards, personal loans, and medical bills.
Limitations of Year’s Support
The award applies only to probate assets. Property or accounts with named beneficiaries, such as retirement accounts, life insurance, and joint tenancy with right of survivorship, pass outside probate and are not subject to Year’s Support.
Why You Need an Experienced Georgia Estate Attorney
Filing for Year’s Support requires a formal petition in probate court. Objections from creditors or heirs can trigger complex legal proceedings and accounting requirements. An experienced Georgia probate attorney can evaluate your options, prepare the petition, and defend the claim if challenged.
Speak With an Atlanta Estate Attorney About Georgia Year’s Support
At Thrift McLemore, we help spouses and families across Georgia use Year’s Support to protect what matters most. If you have lost a loved one, do not wait to explore this important option.
Call 678-882-0830 today to schedule a consultation with one of our experienced Atlanta estate attorneys.
