Petition For Year's Support

Summary: Georgia requires wills to be filed with the probate court. This is especially important if you are planning to distribute property or assets through the probate process.When a person creates a will, he or she typically names a person to serve as their executor or personal representative.

Year's support is a probate petition designed to make sure that a spouse or minor kids do not wind up on the street after the family's primary breadwinner passes away.The purpose of year's support is to put the surviving spouse and/or minor children at the front of the line to receive property from the probate estate.

1. Overview. The Georgia Petition for Year's Support allows the surviving spouse or minor child of a decedent to receive property from the estate as a matter of right and before payment of most debts. Because of this right, Georgians cannot totally disinherit spouses or minor children.

The fees are: $159.50: Filing fee. $ 2.00: Per page filed, including the petition, the will, and pages the Court will prepare. $ 10.00: Certified copy of letters testamentary (each)

If an estate doesn't go through probate and it is a necessary process to transfer ownership of assets, the heirs could sue the executor for failing to do their job. The heirs may not receive what they are entitled to. They may be legally allowed to file a lawsuit to get what they are owed.

For a Will to be valid in Georgia, the testator must be 14 years or older and competent to create a Will. The Will must be in writing, signed by the testator, and signed by two witnesses.

Georgia is probably the state with the weakest spousal inheritance laws. The majority of U.S. states will afford the surviving spouse all of the decedent's estate whether they have their own kids together or not.In this case, the decedent's estate is split evenly between the surviving spouse and all of their children.

How Do You Avoid Probate in Georgia? The best way to a avoid probate in Georgia is by creating a revocable living trust for the estate. You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. Another option is by naming a beneficiary outside the will.