Do you have to file for year’s support?

I recently received a question from someone in Marietta, Georgia regarding whether a petition for year’s support must be filed in order to recover funds from a bank account. Apparently, the bank branch she went to told her that letters testamentary were not going to be sufficient.

The bank in this situation is mistaken. Once letters testamentary are issued to a person, that person (called the executor) stands in the shoes of the deceased and can do virtually anything the deceased could do with the estate’s property. The executor has full power to withdraw funds from the deceased’s bank accounts without obtaining any more powers or orders from the Probate Court. So, filing a petition for year’s support is not necessary.

In fact, only the surviving spouse and minor children are allowed to file a petition for year’s support under Georgia probate law. So, unless you are a minor child or surviving spouse, year’s support is not even an option for you.

It is best to consult a qualified Georgia probate lawyer when dealing with a deceased’s estate to make sure that everything is done right. We’re here to help. Schedule a consultation to discuss your particular situation today.

Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate lawyers provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.