---
title: O.C.G.A. § 53-3-19. Conveyance or encumbrance by surviving spouse of property set aside; effect.
collection: code
id: 53-3-19
cite_as: O.C.G.A. § 53-3-19 (2025)
canonical_url: https://georgiacommons.org/code/53-3-19
md_url: https://georgiacommons.org/code/53-3-19.md
text_url: https://georgiacommons.org/code/53-3-19/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=323
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-3.md
previous: https://georgiacommons.org/code/53-3-18.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / YEAR’S SUPPORT
---

# O.C.G.A. § 53-3-19. Conveyance or encumbrance by surviving spouse of property set aside; effect.

(a) When property is set apart as year’s support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse.

(b) The conveyance or encumbrance of any or all the property set apart as year’s support for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and person claiming through or under them only when approved by the probate court of the county in which the year’s support award was made. No such approval shall be necessary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance.

(c) The purchaser or lender shall not be responsible for the proper use or application of the proceeds derived from a sale or encumbrance contemplated under this Code section.

## History

Code 1981, § 53-3-19, enacted by Ga. L. 1996, p. 504, § 10.