What is "Year's Support"?

Year’s Support is an extremely powerful tool in deceased estates and can be used whether the decedent had a Will or not.  This tool is also unique to Georgia, as most states follow a more uniform probate code that focuses on spousal elective share laws, intestacy, or wills. Georgia, however, retains this older, traditional right providing a distinct and separate avenue for support, again, even when a will exists. Year’s support allows a surviving spouse and/or minor child(ren) to apply and claim all or any part of the deceased’s estate for their “years’ support.” We most often use this when the assets of the estate are less than the creditors so that the surviving spouse/minor children are able to inherit something from their loved one. 

To file for Year’s Support, we prepare a Petition that includes a list of property being requested, those who we are requesting it for, and those that would be affected if the Petition was granted, the “interested persons.”  Interested persons includes all heirs of the estate, any beneficiary under the Will (if applicable), and creditors.  Each interested person is served and given the opportunity to file an objection to the Petition.  The court additionally files notice in the paper to allow any others that believe they may have an interest in the estate or claim against the estate the opportunity to object should they see fit.  If, however, no objection is received within the allotted time frame, the law provides the court shall grant an order setting apart the property applied for.  This means that unless someone objects to the Petition for Year’s Support, the court makes no inquiry into the amount or the property being set aside.

An added bonus to the Year’s Support process is that when real property is set aside, the Petitioner can request the property tax bill be waived for one year.  This can lighten the burden of loved ones as they navigate this process. Note that if the decedent owns multiple properties, the taxes can only be waived on one property in the county of their residence or their ‘homestead’. 

One caveat with Year’s Support is that it must be filed within 2 years of the deceased’s death, no exceptions.  While 2 years may seem like a long time, often the determination for filing the Petition needs to be made much earlier to gather the necessary information for filing.

Year’s Support can be incredibly useful in certain scenarios.  We’d be happy to chat with you to see if this option is available and a good fit for you.