Georgia § 53-3-1 - Preference and entitlement.

§ 53-3-1. Preference and entitlement.

As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate. Among the necessary expenses of administration and to be preferred before all other debts or demands, except as specifically provided otherwise in this chapter and notwithstanding any other provision of law to the contrary, is the provision of year's support for the family. The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death. (Code 1981, § 53-3-1 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-4/HB 865.) Delayed effective date. - Subsection (b), as set out above, becomes effective January 1, 2021. For version of subsection (b) in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective January 1, 2021, inserted "or demands" and "and notwithstanding any other provision of law to the contrary" in subsection (b). Law reviews. - For article discussing decisions involving the year's support provision of the Georgia Code, see 3 Ga. St. B.J. 427 (1967). For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For article surveying legislative and judicial developments in Georgia's will, trusts, and estate laws, see 31 Mercer L. Rev. 281 (1979). For article surveying Georgia cases in the area of wills, trusts, and administration of estates from June 1979 through May 1980, see 32 Mercer L. Rev. 249 (1980). For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986). For annual survey article discussing wills, trusts, and administration of estates, see 51 Mercer L. Rev. 487 (1999). For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006). For note, "Preventing Spousal Disinheritance in Georgia," see 19 Ga. L. Rev. 427 (1984). For note on 1991 amendment of former O.C.G.A. § 53-5-2 , see 8 Ga. St. U.L. Rev. 216 (1992). For note on 1993 enactment of former O.C.G.A. § 53-5-1.1, see 10 Ga. St. U.L. Rev. 236 (1993).