Petition for Year's Support in Georgia

In Georgia, "year's support" is a legal right that allows a surviving spouse and/or minor children to receive a portion of the deceased's estate to support themselves for 12 months, taking priority over most debts and even the will. While the petition is often granted if no one objects, "interested persons" (heirs, beneficiaries, creditors, etc.) can object.

Here are some examples of "good cause" to object to a spouse's petition for year's support in Georgia:

1. The Requested Amount is Excessive:

• The most common ground for objection. The purpose of year's support is to provide for the petitioner's maintenance and support for a period of 12 months, consistent with their prior standard of living. It is not intended to compensate them for loss, provide for long-term future support, or distribute the entire estate.

• Factors the court considers:

  • Petitioner's other sources of support: This includes their separate estate, income, and earning capacity. If the surviving spouse has significant independent wealth or income, the requested amount may be deemed excessive.

  • Standard of living before death: The court will look at the family's lifestyle and expenses before the decedent's death to determine a reasonable amount.

  • Estate solvency: While year's support has priority, the court generally prefers not to leave the estate completely insolvent (unable to pay legitimate debts) after granting the award.

  • Specific expenses: The petitioner must demonstrate the expenses they will incur in the year following the death.

• Example: A spouse petitions for the entire estate, including a valuable family business, when they have a substantial independent income and minimal expenses, and the estate also has significant legitimate debts. An heir might object that this is excessive and would unduly harm other heirs or creditors.

2. Petitioner is Not Eligible:

• Not a "surviving spouse":

  • If the deceased was legally divorced from the spouse at the time of death, the former spouse is not eligible.

  • If the surviving spouse remarried before filing the petition for year's support, they lose their right to it.

• Example: The deceased was divorced from the petitioner, but the petitioner attempts to claim year's support. An interested party could object based on the lack of a legal marriage at the time of death.

3. The Property Requested is Not Part of the Estate (Jurisdictional Issue):

• Probate courts in Georgia generally do not have jurisdiction to determine conflicting claims of title to property. If the objection is solely based on the contention that the property requested as year's support was never part of the decedent's estate (e.g., it was jointly owned with right of survivorship, a trust asset, or belonged solely to another person), the probate court may not be able to address that specific objection.

• Example: The petitioner requests a bank account that was held jointly with right of survivorship with another individual. The other individual (or another interested party) could object, arguing the account passed directly to the joint owner outside of probate and is not part of the estate for year's support purposes. While the probate court might not be able to definitively rule on title, it might acknowledge that this is a separate legal issue.

4. Will Provisions in Lieu of Year's Support:

• Some wills may include a clause stating that a specific bequest to the surviving spouse is "in lieu of year's support." If the spouse accepts the bequest under the will, they may forfeit their right to petition for year's support.

• Example: The deceased's will leaves a substantial sum to the spouse with a provision that it is in full satisfaction of any year's support claim. If the spouse then petitions for additional year's support, an heir or beneficiary might object, arguing the spouse has already received what the deceased intended.

5. Procedural Defects:

• Failure to file within the statutory timeframe: A petition for year's support must be filed within 24 months of the decedent's death. Failure to do so will result in the loss of the right.

• Improper notice: If all interested parties were not properly notified of the petition, an objection could be raised on that ground.

• Inaccurate description of property: The petition must fully and accurately describe any property requested.

Important Notes:

• Burden of Proof: Once an objection is filed, the burden shifts to the petitioner to prove the amount necessary for year's support.

• Legal Counsel is Crucial: Year's support petitions, especially when contested, can be complex. It is highly recommended that both the petitioner and any objectors seek legal counsel from an attorney experienced in Georgia probate law.

• Contested Hearings: If an objection is filed, the court will schedule a hearing where both sides present evidence and arguments.

This information is for general educational purposes only and does not constitute legal advice. You should consult with our attorneys for advice specific to your situation.