Objection to Year’s Support – What Should You Know?

An Objection to the Year’s Support can affect how an estate is divided in Georgia. While Year’s Support is meant to protect a surviving spouse and minor children, it can also substantially affect the deceased’s heirs, beneficiaries, and the estate’s creditors.

Whether you are a family member, a beneficiary named in a will, or a creditor, understanding when and how an objection may arise is important for any person involved in the probate process.

This guide explains the basics of Year’s Support, the typical objection process, and the most common reasons disputes occur.

What Is Year’s Support in Georgia?

In Georgia probate law, Year’s Support is a creditor’s claim that allows a surviving spouse and/or minor children to request a portion of the deceased’s estate for their financial support.

The purpose is to help the family cover the essential living needs after the loss of a loved one, especially during the first year following the decedent’s death.

Depending on the situation, the award may include money, personal belongings, or even real estate.

The provision functions as a safeguard, helping families keep financial stability as they adjust to a major life change.

Under Georgia law, regardless of whether the individual died with or without a will, their debts and obligations are normally paid from the decedent’s estate before heirs or beneficiaries receive property, which can cause financial hardship.

However, when approved by the probate court, Year’s Support receives priority over most other claims against the estate.

What Is a Petition for Year’s Support?

A Petition for Year’s Support is the formal document filed with the probate court to request that part of the deceased person’s estate be set aside for the surviving spouse and/or minor children.

In practice, families often consider filing this petition when the deceased was a primary source of household income or when imminent financial stability is a concern.

It identifies the person requesting support and outlines the property the petitioner believes should be reserved from the estate. The petition may include  basic information such as:

• The name of the deceased.
• The relationship of the petitioner.
• The names of any minor children or adult children.
• A description of the assets requested.
• The creditors of the estate.
• Other information not listed here.

The petition must be filed by the surviving spouse, minor children, or someone acting on their behalf within the time allowed by Georgia law and submitted to the probate court.

Once filed, the court reviews the request and determines whether the proposed support is appropriate based on the estate and the family’s circumstances. 

If the request is granted, the court will set aside a portion of the estate to help cover the family’s basic needs during the period after the death.

When Is a Petition for Year’s Support Used?

A Petition for Year’s Support could be an important tool in certain circumstances. But when might a spouse consider filing a Petition for Year’s Support?

Below are several scenarios in which  this request may be appropriate:

Small estates

One common use is in smaller estates, where the available assets may be limited. Filing this petition may allow the surviving spouse or the decedent’s minors to receive property from the estate before satisfying the creditors’ claim and distributing the deceased’s assets to other heirs or beneficiaries.

This approach may be more practical when the spouse is the only heir or when the other heirs, such as children, do not challenge the spouse receiving the entire estate.

Insolvent estates

Another common use of Year’s Support is in an insolvent estate. An award of Year’s Support has the highest priority under Georgia law and is addressed before all other estate claims, including medical expenses, funeral expenses, and creditor claims. 

However, it doesn’t set aside secured claims, such as a car loan or a mortgage, where the asset is pledged as collateral.

Setting aside property taxes

Another possible use involves property taxes on the decedent’s primary residence. Georgia law allows those taxes to be treated differently when the property is included in a Year’s Support award.

 In some situations, taxes on the home may be set aside in the year of death or, alternatively, in the year the petition is filed.  

Omission of spouse

Finally, there are cases in which the deceased may have left little to the surviving spouse in their will or may have left them completely out of it.

A Petition for Year’s Support may allow the spouse to claim support from the estate, despite the terms of the will, subject to the probate court’s review and approval.

This is a general list of examples meant to illustrate common situations, but other circumstances may also support filing a Petition for Year’s Support depending on the facts of the estate. 

If you are considering claiming Year’s Support, it may be helpful to speak with a probate attorney to better understand how the process could apply to your specific situation.

What Is an Objection to Year’s Support Petition?

An objection to a Year’s Support petition is a formal document filed with the probate court by any person who might disagree with the request or believe the proposed award is not fair. 

In some cases, a properly filed petition can result in the entire estate being awarded if no one files an objection.

After filing the petition, the probate court sends notice to all parties that may be affected. They have the right to respond if they think the request impacts their interests. 

Any objection must be filed within the deadline listed in the court’s notice.

Most objections focus on whether the request for support is appropriate based on the size of the estate and the needs of the deceased’s family.

When an objection is filed, the case usually proceeds to a hearing, where the person requesting the year’s support will have an opportunity to present evidence to show why they requested a reasonable amount. 

Likewise, the objecting person will be given an opportunity to show why the amount requested as the year’s support is not appropriate, excessive, and more than the petitioner is entitled to under the law.

After reviewing the information, the judge will decide whether to approve the request, adjust the amount, or deny it.

Who May File an Objection?

In general, anyone who can show that the Year’s Support petition may affect their share, claim, or recovery from the estate may have the right to object.

Some common examples include:

• Heirs: family members who would inherit under the Georgia intestacy laws may object if they believe the requested award would reduce or eliminate their share of the estate.
• Beneficiaries named in a will: individuals or entities listed in the decedent’s will may challenge the petition if it affects what they are expected to receive.
• Creditors: people or businesses owed money by the estate may object, especially because a Year’s Support award can take priority over most debts and can limit what remains available to pay those claims.

This list includes typical examples but does not cover every possible situation, as other parties with a direct interest in the estate may also have the right to object.

When Should You Consider Filing an Objection to a Year’s Support Petition?

Below are some common examples of situations that may justify objecting to a spouse’s Petition for Year’s Support in Georgia:

The requested amount is too high.

In general, this is the most frequent ground for objection. As mentioned before, the purpose of Year’s Support is to provide the petitioner with financial support for a short term (12 months) to help them maintain the standard of living they had prior to death.  

Factors the court may consider:

• Petitioner’s other sources of support: These may include their income, the earning capacity, and a separate estate. If the surviving spouse has substantial independent resources or income, the requested amount may be considered excessive.
• Standard of living before the death of their loved one: The probate court usually reviews the family’s prior expenses and lifestyle to determine what amount may be reasonable.
• Specific expenses: The petitioner should demonstrate the costs they expect to incur in the year following the death.

Surviving spouse eligibility issues

An objection may be raised if there is uncertainty about whether the person qualifies as a surviving spouse under Georgia law:

• If the decedent was legally divorced from the spouse at the time of death, the former spouse is not eligible.
• If the surviving spouse remarried before filing the petition for the year’s support, they lose their right to it.

Property not part of the estate

In Georgia, a Year’s Support award can only include property that belongs to the probate estate. 

If someone claims that certain property doesn’t belong to the estate — for example, it’s owned as Joint Tenants With Rights Of Survivorship (JTWROS), held in a trust, or belongs to someone else—then that property generally cannot be included in a Year’s Support petition.

Will provisions claimed in lieu of years’ support

Sometimes, the will may include a clause stating that the deceased left a specific bequest to the surviving spouse, intended to replace a claim for Year’s Support. 

This is often described as a “in lieu of Year’s Support.” If the spouse accepts it, they may waive their right to file a separate petition for additional support.

Procedural failures

An objection may arise when the required steps for filing a Petition for Year’s Support are not properly followed. These may include:

• Missing the statutory timeframe: the petition must be submitted within 24 months of the person’s death. If this time limit is not met, the right to request Year’s Support may be lost.
• Lack of proper notice to interested parties: If some parties were not correctly notified about the petition, this may be a valid reason to raise an objection.
• Incomplete or inaccurate property details: The petition must clearly and correctly describe all assets being requested.

Issues like these may affect how the court reviews the petition.

Insolvent estates and creditor claims

When the estate cannot cover all debts, creditors may object if the requested amount leaves little or nothing to pay what is owed. The court will consider both the estate’s limits and the family’s needs before deciding.

Objection to a Year’s Support Petition

In general, filing an objection to a Year’s Support petition in Georgia involves a few steps. The process is typically handled through the probate court, and most often follows particular timing and filing rules.

1. Reviewing the petition and the court notice

It is typically helpful to start by reading the Petition for Year’s Support and the notice you received from the court. It’s also advisable to pay close attention to the deadline for filing an objection and the details of the request.

2. An objection is prepared

In general, the objection is submitted in a written form and most often includes:

• Your identity and your interest in the estate.
• The specific assets of the petition you dispute.
• What are your reasons for objection (for example, if you consider that the requested amount is excessive, or if you have questions about the eligibility of the surviving spouse or children).

3. When an objection is filed with the appropriate probate court

The written objection is typically submitted to the probate court that oversees the estate, usually the court in the county where the decedent resided.

4. Copies are provided to other involved parties (if required)
In some cases, you may need to send a copy of your objection to the petitioner, other interested parties, or their attorney.

5. Hearing (if scheduled)
If an objection is filed, the court may set a hearing. At the hearing, both sides can present their position, and the judge will decide whether to approve, adjust, or deny the request.

Given the complexity of this type of litigation, it is recommended to ask for legal advice when dealing with such situations. In some cases, working with a litigation lawyer may help you better understand the process and how it applies to your circumstances.

Final Words

Each case depends on the particular details of the estate, and having a clear understanding of the process can make it easier to deal with potential disputes.

If you are dealing with an objection to the year’s support petition, it may be helpful to get guidance on the next steps. We highly recommend contacting our office at (770) 790-4362 for consultation and support to help the process move forward more smoothly and prevent possible issues.