Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
What Is a Year’s Allowance in Georgia?
Georgia law grants certain family members a “year’s allowance” from a decedent’s estate for their support and maintenance. Under O.C.G.A. § 53-2-1, a surviving spouse or minor children without adequate means of support may petition the court within six months of the appointment of letters of administration. The court then awards a lump sum paid from estate assets after debts and administrative costs.
Who Must File an Inventory of Personal Property?
The personal representative (executor or administrator) is responsible for preparing and filing an inventory of all estate assets. Under O.C.G.A. § 53-12-261, this inventory—due within four months of appointment—must list all real and personal property owned by the decedent as of the date of death.
Do You Need to List Personal Property to Claim the Year’s Allowance?
No. Your petition for a year’s allowance does not require you to itemize every piece of personal property in the estate. Instead, you state the amount you need to maintain your usual standard of living. The court reviews the personal representative’s inventory and your documented needs before setting the allowance. Listing specific assets in your petition is not required.
Key Steps to Claim a Year’s Allowance
- Confirm timely filing: Petition within six months of letters of administration (O.C.G.A. § 53-2-1).
- Document your needs: Prepare evidence of living expenses, income, and any separate property you own.
- Attend the hearing: The court reviews the inventory and your petition to determine a fair allowance.
- Receive funds: Once approved, the allowance is paid from estate assets after creditor claims and costs.
Helpful Hints
- Track deadlines carefully. Missing the six‐month window can forfeit your right to the allowance.
- Collect proof of expenses—bills, rent or mortgage payments, and child costs—to support your request.
- Understand that separate property (gifts, trusts in your name) does not count against estate assets.
- Differentiate between a year’s allowance and exempt property under O.C.G.A. § 53-7-25.
- Consult a probate attorney early to ensure compliance with court rules and Georgia statutes.