2020 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 3 - Year's Support
§ 53-3-8. (For Effective Date, See note.) Minor Children by Individuals Other Than Surviving Spouse
- If the decedent leaves a minor child or minor children by an individual or individuals other than the surviving spouse, the probate court shall specify the portion going to the minor child or minor children of such individual or individuals, and the portion so specified shall vest in that child or those children.
- If the decedent leaves one or more minor children and the surviving spouse is the parent of all such minor children, the probate court may in its discretion specify separate portions for such minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions so specified shall vest separately in the surviving spouse and such minor children.
- If the decedent leaves one or more minor children for whom the probate court specifies separate portions under subsection (a) or (b) of this Code section, personal property in the portions so specified shall be delivered and received in compliance with Code Section 29-3-1.
(Code 1981, §53-3-8, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 6; Ga. L. 2020, p. 377, § 1-9/HB 865.)
Law reviews.- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
COMMENTThis section carries forward former OCGA Sec. 53-5-9.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1108, and former O.C.G.A. § 53-5-9 are included in the annotations for this Code section.
Language of this statute is mandatory when the statute declares that, when there are two sets of minor children by different wives, the appraisers shall specify the portion going to the children of the deceased wife for the support and maintenance of such minors. De Jarnette v. De Jarnette, 176 Ga. 204, 167 S.E. 526 (1933) (decided under former Code 1933, § 113-1008).
Georgia law without doubt permits, and in some cases requires, separate portions of the estate to be set aside as year's support to the widow and to children of the deceased. Gale v. Stewart, 105 Ga. App. 767, 125 S.E.2d 694 (1962) (decided under former Code 1933, § 113-1002).
Cited in McCommons v. Reid, 201 Ga. 500, 40 S.E.2d 73 (1946); State Farm Mut. Auto. Ins. Co. v. Day, 195 Ga. App. 823, 394 S.E.2d 913 (1990).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 686 et seq., 717.
C.J.S.- 34 C.J.S., Executors and Administrators, §§ 452, 472.
