YEAR’S SUPPORT IN GEORGIA

Year’s Support is a petition entered into probate courts in Georgia that are a very unique case in and of themselves.  We often have questions about this type of filing and wanted to address our Top 10 Most Frequently Asked Questions about this type of probate case:

1) What is Year's Support? 

Year's Support is a legal concept in Georgia that allows a surviving spouse or minor children to claim a certain amount of property from the estate of a deceased person for their support.

2) Who is Eligible to File a Petition for Year’s Support?

In Georgia, the surviving spouse and minor children are generally eligible for Year's Support. However, adult children and other dependents may also be eligible in certain circumstances.  

3) What Types of Property Are Covered in a Year’s Support Petition?

A Petition for Year's Support can include various types of property such as real estate, personal property, and cash. The specific items of property are determined based on the needs and circumstances of the surviving spouse and children.  It is important to note that all assets and debt should be considered prior to the preparation of a Petition to make sure that everything that should be included is.  You only get “one shot” at an Award for Year’s Support.

4) How is the Amount Determined in Year’s Support?

When it comes to determining the amount of Year's Support in Georgia, the court considers various factors. One of the key factors is the standard of living that the surviving spouse and children were accustomed to during the life of the deceased individual. This means that the court carefully assesses the lifestyle and financial means that the family had in order to ensure that an appropriate amount is awarded as Year's Support.

It is important to note that there is no specific limit to the amount that can be awarded as Year's Support in Georgia. The court has the discretion to determine the appropriate amount based on the particular circumstances of each case

5) What type of Judge decides the award under a Petition for Year’s Support?

Anyone seeking to claim a Year’s Support from a loved one’s estate would file their Petition with the Probate Court of the County of residence of their deceased loved one.  It is important that you have properly prepared the petition and all required notices as there are various deadlines and requirements that must be met once the Petition is filed in the appropriate Court.

6) How long do you have to file a Petition for Year’s Support?

There is a time limit for filing a Year's Support petition in Georgia. Generally, it must be filed within twenty four months (or two years) from the date of the loved one’s death.

7) What about the other assets of the Estate?

An Award of Year's Support is considered a priority claim and takes precedence over other distributions from the estate. It is typically satisfied before other beneficiaries receive their share.  It is conceivable that the entire Estate can be handled through the Year’s Support process under some circumstances.

8) What about Creditors?

An award for Year's Support is generally protected from the claims of creditors, meaning it cannot be seized to satisfy the deceased person's debts.  However, there are requirements and limitations to this.  Your Hometown Attorney will review all information provided carefully and advise you accordingly.

9) Can I waive my right to claim an award of Year’s Support?

The surviving spouse or children may choose to waive their right to Year's Support. This decision should be carefully considered, as it is usually irrevocable once made.

10) Do I have to pay the real estate taxes on the property?

When filing a Year's Support petition in Georgia, the filing party, if eligible to do so, may elect to waive real property taxes for the real property of their deceased loved one.  They can make one of three elections: 1) current year, 2) the year in which their loved one passed, or 3) the year in which the petition is filed.

While this is merely an overview of our most frequently asked questions, there are a number of considerations that should be discussed and analyzed before filing a Petition for a Year’s Support.  There are a number of requirements, procedures, and specifics that must be included in the Petition and adhered to throughout the process.  Eligibility must be carefully considered prior to filing the Petition as to each statement contained in the Petition.  Other considerations would include how real property is titled and whether or not the loved one had an effective will at the time of their passing.

Your Hometown Attorney is here to help you from beginning to end with reviewing the status of the estate and making sure the proper Petition (and supporting information) is filed with the appropriate probate court.  If there is an objection to the award, we’re ready to step in and defend your rights.  

If you are considering filing a Petition for Year’s Support in Georgia or are unsure as to how your loved one’s estate should be handled, we are ready to meet with you and guide you through the process.  Call us when you’re ready at 706-359-3332.