Year's Support in Georgia: The Surviving Spouse's Priority Right

This is general information, not legal advice. A Georgia probate attorney can help with your specific situation.

Year’s support is one of Georgia’s most powerful — and most misunderstood — probate tools. It is a statutory right that gives the surviving spouse and the decedent’s minor children the ability to claim property from the estate for their support during the 12 months following death. Crucially, it ranks above every other claim on the estate, including funeral expenses and all creditors. And unlike most testamentary rights, a will cannot take it away.

Who Can Petition

Under O.C.G.A. § 53-3-1, the surviving spouse may petition on their own behalf and on behalf of minor children. If there is no surviving spouse, the minor children — or their guardian — may petition on their own behalf. The right belongs to the family as a unit; adult children of the decedent are not entitled to year’s support.

How the Process Works

The petition is filed with the Probate Court in the county where the decedent was domiciled. The petitioner describes the property they are requesting — this can be real estate, personal property, cash, or a combination — and explains why it is necessary for the family’s support.

Once the petition is filed, notice must be published once per week for 4 weeks in the county’s official newspaper (O.C.G.A. § 53-3-6). This gives creditors and other interested parties an opportunity to object. The court then holds a hearing and, if appropriate, enters an order setting apart the property.

The 24-Month Deadline

The petition must be filed within 24 months of the date of death (O.C.G.A. § 53-3-5). This deadline is strict. If the surviving spouse or minor children’s guardian allows it to pass without filing, the year’s support right is permanently lost — regardless of the family’s financial situation.

Priority Above All Other Claims

Year’s support sits at the top of Georgia’s debt priority ladder under O.C.G.A. § 53-7-40. It outranks funeral expenses, which surprises many families. It also outranks taxes, judgment liens, and general creditor claims. Property set apart as year’s support is completely exempt from creditors’ claims — meaning even a creditor with a valid judgment against the decedent cannot reach property that has been awarded as year’s support.

The Critical Protection: No Elective Share in Georgia

This matters enormously because Georgia has no elective share law. Unlike most states, Georgia does not give a surviving spouse the right to claim a forced share of the estate against the terms of the will. A Georgia testator can legally write a will that leaves the surviving spouse nothing. Year’s support is the surviving spouse’s primary — and in most cases only — statutory protection against being disinherited.

Year’s Support as an Alternative to Probate

In some situations, the year’s support petition can effectively replace full probate administration. If the estate is modest and the award encompasses most or all of the estate’s assets, the surviving family receives clear title to those assets through the year’s support order — without the cost and time of a full probate proceeding. This makes it a particularly valuable tool for small or medium estates where the surviving spouse is the natural recipient of everything anyway.

What Happens After the Award

Once property is set apart as year’s support, the beneficiary receives it free of the estate’s debts. If the award covers all estate assets, the personal representative may be able to close the estate without further creditor proceedings. If some assets remain after the year’s support award, those pass through normal probate channels.