After your spouse or parent dies, you might face sudden financial concerns such as housing and daily living costs. In some cases, Georgia law may offer a way to address those needs via a probate remedy called year’s support. This remedy allows a surviving spouse and qualifying minor children to request estate property to help cover basic living expenses.
Despite its name, year’s support does not mean that you receive payments for only one year. Instead, the court uses your support needs during the 12 months after the death to help determine the award.
What property may you request?
You may request personal property, real estate or both. Depending on what the estate owns, your request might cover money, a car or an interest in the family home.
The petition identifies the assets you seek. A request for real estate also requires a full legal description. You generally have up to 24 months from the date of death to file the petition.
Georgia law does not set a fixed award for each family. If no one objects, the court usually grants the property listed in the petition. If an interested party files an objection, the court hears evidence and decides what amount will provide proper support.
The court reviews your prior standard of living and other resources available to you. It could also consider your income, earning ability and the estate’s financial condition.
How might the award affect creditors and heirs?
A year’s-support award has priority over many claims against the estate. This means the award could reduce the assets left to pay unsecured creditors or make gifts under the will.
When the court sets property apart, ownership generally passes to you, the qualifying minor children or both. The estate no longer holds that property for later distribution. As a result, an heir may receive less than expected.
Some claims tied to a specific asset still apply. For example, a mortgage might remain on a home awarded as year’s support. Georgia’s notice process gives interested parties a chance to object before the court enters its order.
Preparing for the probate process
Consider listing the estate assets you wish to request and gathering records that show your household needs. You should also review any loans or liens tied to that property. A sound grasp of year’s support, paired with accurate records, may help you approach the process with greater clarity.