Yes, you can. Even if there’s a will, a surviving spouse or qualifying minor child can still seek year’s support in Georgia. Since the petition asks the probate court to set aside estate property before anything is distributed, an award may change what’s available for beneficiaries, creditors, or the executor.
At Stephen H. Hagler, LLC, we help Augusta-area families handle year’s support claims as part of the probate process.
A Will Does Not Cancel Year’s Support Rights
In Georgia, you can file a year’s support petition whether your loved one had a will or not. The petition lets you request money, personal property, real estate, or a mix of assets for a surviving spouse, minor children, or both.
The word “year” refers to the amount of support the court reviews. It doesn’t mean the property goes back to the estate after 12 months.
A surviving spouse usually needs to file before remarrying. A parent, guardian, or another authorized person can file for a qualifying minor child. Who’s eligible and how much is awarded depends on your family and the estate.
How Can an Award Affect the Will?
A year’s support award comes out of the estate property, so the court’s order can reduce or change what’s left to distribute under the will.
The court looks at your family’s standard of living, other resources, the estate’s condition, and other fair factors. The will still plays a role, but it doesn’t control property set aside for year’s support.
What Must the Petition Include?
The Georgia petition for year’s support asks you to say if there’s a will and whether it’s been or will be offered for probate. If the will won’t be probated, you’ll usually need to attach it or make sure it’s already on file.
A Georgia year’s support petition may also require:
- Names and addresses of interested parties
- A schedule of the property requested
- Legal descriptions for real estate
- Information about the spouse and minor children
- Details about the estate and personal representative
If you leave out information, your case may be delayed.
What Deadline and Objection Rules Apply?
You have to file the petition within 24 months of the date of death. Waiting for the rest of probate to finish won’t pause that deadline.
Once you file, the court sends out notice. Interested parties can file a caveat, or formal objection, under the Richmond County Probate Court’s year’s support process. If there’s an objection, the court will hold a hearing and decide what property, if any, should be awarded.
Steve Hagler has served Augusta and the surrounding area since 1991, focusing on wills and probate. As a year’s support lawyer in Augusta, he can review your petition, the will, the property you’re requesting, and how it all affects the estate.
FAQ About Year’s Support and Wills
Can year’s support override part of a will?
A court order can set estate property aside even if the will leaves it to someone else. What happens depends on the petition, any objections, and the court’s decision.
Is year’s support automatic for a surviving spouse?
No, it’s not automatic. Someone has to file a petition before the deadline, provide the right information, and finish the probate process. Interested parties can object.
Discuss a Georgia Year’s Support Petition With Our Firm
A year’s support claim can change the estate before the will is carried out. If you want to talk through your options, contact Stephen H. Hagler, LLC in Martinez to schedule a consultation about the petition, available property, and your position in the probate case.
Posted on behalf of Stephen H. Hagler, LLC