2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 3 - Year's Support
§ 53-3-9. Vesting of Title to Property Set Apart
- Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent.
- When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition.
(Code 1981, §53-3-9, enacted by Ga. L. 1996, p. 504, § 10.)
Law reviews.- For article discussing title by year's support, see 2 Ga. B.J. 45 (1940).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 324 et seq., 330 et seq.
C.J.S.- 34 C.J.S., Executors and Administrators, §§ 470, 482.
ALR.
- Widow's or family allowance out of decedent's estate as surviving death or marriage of widow or minor children, or attainment of majority by children, 144 A.L.R. 270.
Nontrust life estate expressly given for support and maintenance, as limited thereto, 26 A.L.R.2d 1207.
Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 A.L.R.3d 644.
