---
title: O.C.G.A. § 53-3-5. Filing of petition.
collection: code
id: 53-3-5
cite_as: O.C.G.A. § 53-3-5 (2025)
canonical_url: https://georgiacommons.org/code/53-3-5
md_url: https://georgiacommons.org/code/53-3-5.md
text_url: https://georgiacommons.org/code/53-3-5/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=303
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.
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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. § 53-3-5. Filing of petition.

(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year’s support in the probate court having jurisdiction over the decedent’s estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court.

(b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child, and a schedule of the property, including household furniture, that the petitioner proposes to have set apart as year’s support. The petition shall describe fully and accurately any real property the petitioner proposes to have set apart as year’s support with a legal description sufficient under the laws of this state to pass title to the real property.

(c) A petition for year’s support shall be filed within 24 months of the date of death of the decedent.

## History

Code 1981, § 53-3-5, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 13; Ga. L. 2020, p. 377, § 1-6/HB 865.

The 2020 amendment, effective January 1, 2021, in subsection (b), substituted ‘‘apart as year’s support’’ for ‘‘aside’’ twice; in the first sentence, inserted a comma following ‘‘child’’ and substituted ‘‘which’’ for ‘‘that’’; and substituted ‘‘describe fully and accurately’’ for ‘‘fully and accurately describe’’ in the second sentence.

## Law Reviews

For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013).