A Petition for Year’s Support can be a game changer in a probate case.
It takes advantage of some key provisions of Georgia probate law that are designed to protect and benefit a surviving spouse and minor children.
In this article, we’re going to go over what the petition for year’s support is and why it is so important.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
So, what is a petition for year’s support?
The petition for year’s support is designed to protect two types of people:
- A surviving spouse.
- Minor children.
It does that by allowing them to file a special petition with the court to request that they receive assets and property of the estate before anyone else – including most creditors.
This is huge because the normal way an estate works is that all creditors must be paid in full first, and then after that the family will receive property either under the will or under state law if there is no will.
Year’s support turns that on its head.
As a result, a successful petition for year’s support can wind up making a big difference in how the estate is handled and what the surviving spouse and minor children receive.
For example, our team has used the petition for year’s support to successfully:
- Save the estate home.
- Reduce creditor claims.
- End probate disputes among the family.
While this petition is powerful, it is also complicated and you only get one shot to get it right. For that reason, I don’t recommend that you try to handle it on your own.
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you have concerns about the Georgia Probate process, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.