2010 Georgia Code
§ 53-5-2 - (Pre-1998 Probate Code) Support of the family; preference; procedure; amount set apart; taxes and tax liens; time for filing application

O.C.G.A. 53-5-2 (2010)
53-5-2. (Pre-1998 Probate Code) Support of the family; preference; procedure; amount set apart; taxes and tax liens; time for filing application

(a) Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided, is the provision for the support of the family, to be ascertained as provided in this Code section.

(b) Upon the death of any person testate or intestate, leaving an estate solvent or insolvent and leaving a spouse, or a spouse and minor child or children, or minor child or children only, on the application of the spouse, the guardian of the child or children, or any other person in their behalf, proceedings shall be held to set apart and assign to the spouse and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of death of the testator or intestate, to be determined using the criteria established in subsection (c) of this Code section and keeping in view also the solvency of the estate. If there is a spouse, there shall also be set apart for the use of the spouse and the children a sufficient amount of the household furniture. Notwithstanding any other provisions of this Code section, the amount set apart for the family shall in no event be less than the sum of $1,600.00 if the estate is of that value; and, if it appears upon a just appraisement of the estate that it does not exceed in value the sum of $1,600.00, excluding household goods and furnishings, the whole estate shall be set apart for the support and maintenance of the spouse and child or children or, if no surviving spouse, to the lawful guardian of the child or children, for their benefit; provided, however, that all taxes and liens for taxes accrued against the property set apart, and any equity of redemption applicable to the property set apart, shall be divested as if the entire title were included in the year's support.

(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following:

(1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that person; and

(2) Such other relevant criteria as the court deems equitable and proper.

The applicant for a year's support shall have the burden of proof in showing the amount necessary for a year's support.

(d) All applications for a year's support from the estate of a decedent shall be filed within three years from the date of death of the decedent; and, in addition thereto, application for a year's support by a spouse or for the benefit of a spouse must be made and filed during the time that the spouse is widowed and while the spouse is living and not otherwise.

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