2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 3 - Year's Support
§ 53-3-5. Filing of Petition
- Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court.
- The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child, and a schedule of the property, including household furniture, that the petitioner proposes to have set apart as year's support. The petition shall describe fully and accurately any real property the petitioner proposes to have set apart as year's support with a legal description sufficient under the laws of this state to pass title to the real property.
- A petition for year's support shall be filed within 24 months of the date of death of the decedent.
(Code 1981, §53-3-5, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 13; Ga. L. 2020, p. 377, § 1-6/HB 865.)
The 2020 amendment, effective January 1, 2021, in subsection (b), substituted "apart as year's support" for "aside" twice; in the first sentence, inserted a comma following "child" and substituted "which" for "that"; and substituted "describe fully and accurately" for "fully and accurately describe" in the second sentence.
Law reviews.- For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 332, 333.
C.J.S.- 34 C.J.S., Executors and Administrators, §§ 452, 453, 471, 472, 477.
ALR.- 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.
