When a parent dies, you may find yourself helping your surviving parent sort through financial and legal matters at an already difficult time. One of those matters may be probate, the court-supervised process for handling a deceased person’s estate, including paying debts and distributing property.
In Georgia, Year’s Support may affect how that property is handled. It allows a surviving spouse or minor child to ask the probate court to award property from the estate for their financial support. Because the award can take priority over many debts and other demands on the estate, it may also affect what remains for creditors and beneficiaries.
How can Year’s Support affect the estate?
An award can include cash, personal property or real estate. This option may also be available when your parent left a will. An award may also take precedence over some distributions outlined in the will. Although the name refers to one year of support, the award is not necessarily paid in monthly installments.
If the court sets aside real estate, the petition may also remove one year of property taxes. The filing date determines which tax year applies. Heirs, beneficiaries, creditors and others affected by the petition may object.
If someone challenges the amount or type of property requested, the court may consider:
- The family’s previous standard of living
- Other financial resources available to the family
- The estate’s available assets and debts
- Other factors relevant to the family’s needs
If no one objects, the court generally sets aside the property requested. These factors can influence how much the court awards when someone objects.
Who can seek Year’s Support and when?
A surviving spouse, or someone authorized to act for the spouse or a minor child, must file the petition within 24 months of the date of death.
A surviving spouse loses eligibility by remarrying before filing. A minor child also loses eligibility by marrying or turning 18 before the petition is filed.
Why timing matters in a Year’s Support claim
If you are helping manage a parent’s estate, knowing whether Year’s Support applies can help you identify issues that may need attention before probate moves forward. An attorney can help your family determine whether Year’s Support is available, address objections and evaluate how an award could affect the rest of the estate.