By statute in Georgia a surviving spouse and children are entitled to a year’s support from the estate of a decedent. In many cases the year’s support for the spouse and children will have priority over debts of the decedent. The surviving spouse will also get relief from property tax in the year of the death or the following year. The surviving spouse must make an election as to which year the taxes will not be paid.
As always notice must be given to the interested parties. Real property can also be transferred in the petition for year’s support. Personal property can also be transferred. In fact, many smaller estates that do not have a will are transferred entirely in the petition for year’s support. When used properly the years’ support cannot be defeated by the will.
Not being require to pay property tax one year and having priority over most other debt are just a couple of great reasons to talk with an estate attorney about filing a petition for a year’s support. Call me today if you have any questions.