2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 3 - Year's Support
§ 53-3-1. Preference and Entitlement
- As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate.
- Among the necessary expenses of administration and to be preferred before all other debts or demands, except as specifically provided otherwise in this chapter and notwithstanding any other provision of law to the contrary, is the provision of year's support for the family.
- The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death.
(Code 1981, §53-3-1, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-4/HB 865.)
The 2020 amendment, effective January 1, 2021, inserted "or demands" and "and notwithstanding any other provision of law to the contrary" in subsection (b).
Law reviews.- For article discussing decisions involving the year's support provision of the Georgia Code, see 3 Ga. St. B.J. 427 (1967). For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For article surveying legislative and judicial developments in Georgia's will, trusts, and estate laws, see 31 Mercer L. Rev. 281 (1979). For article surveying Georgia cases in the area of wills, trusts, and administration of estates from June 1979 through May 1980, see 32 Mercer L. Rev. 249 (1980). For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986). For annual survey article discussing wills, trusts, and administration of estates, see 51 Mercer L. Rev. 487 (1999). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006). For note, "Preventing Spousal Disinheritance in Georgia," see 19 Ga. L. Rev. 427 (1984). For note on 1991 amendment of former O.C.G.A. § 53-5-2, see 8 Ga. St. U.L. Rev. 216 (1992). For note on 1993 enactment of former O.C.G.A. § 53-5-1.1, see 10 Ga. St. U.L. Rev. 236 (1993).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 53-5-2 are included in the annotations for this Code section.
Payment of tax liability prior to award of year's support.
- Award of year's support cannot divest a tax lien which has already been paid in full and satisfied prior to the award. 1985 Op. Att'y Gen. No. U85-45 (decided under former O.C.G.A. § 53-5-2).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 662, 677 et seq.
C.J.S.- 34 C.J.S., Executors and Administrators, § 430 et seq.
ALR.
- Right of nonresident to widow's or child's allowance out of estate of one who was domiciled in state, 26 A.L.R. 132.
Bank deposit to credit of decedent or other indebtedness to him as subject to widow's or family allowance or other estate exemption, as affected by right of bank to apply deposit, or of other debtor to assert counterclaim or setoff, 108 A.L.R. 773.
Family allowance granted widow as payable from community interests of decedent and widow, 9 A.L.R.2d 529.
Effect of extrajudicial separation on surviving spouse's right to widow's allowance, 34 A.L.R.2d 1056.
Conclusiveness of statement or decision of accountant or similar third person under contract between others requiring property to be valued by him, 50 A.L.R.2d 1268.
Right of nonresident surviving spouse or minor children to allowance of property exempt from administration or to family allowance from local estate of nonresident decedent, 51 A.L.R.2d 1026.
Who is included in term "family" or "household" in statutes relating to family allowance or exemption out of decedent's estate, 88 A.L.R.2d 890.
Effect of testamentary gift on widow's right to fixed statutory allowance or allowance for support, 97 A.L.R.2d 1319.
Statutory family allowance to minor children as affected by previous agreement or judgment for their support, 6 A.L.R.3d 1387.
Waiver of right to widow's allowance by postnuptial agreement, 9 A.L.R.3d 955.
Eligibility of illegitimate child to receive family allowance out of estate of his deceased father, 12 A.L.R.3d 1140.
Right to partial distribution of estate or distribution of particular assets, prior to final closing, 18 A.L.R.3d 1173.
Family allowance from decedent's estate as exempt from attachment, garnishment, execution, and foreclosure, 27 A.L.R.3d 863.
Waiver of right to widow's allowance by antenuptial agreement, 30 A.L.R.3d 858.
Validity of inter vivos trust established by one spouse which impairs the other spouse's distributive share or other statutory rights in property, 39 A.L.R.3d 14.
Extension of time within which spouse may elect to accept or renounce will, 59 A.L.R.3d 767.
