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Losing a loved one is overwhelming, and the last thing a grieving family needs is financial uncertainty. Georgia law provides a vital safety net: the Petition for Year's Support (GPCSF Form 10), which allows a surviving spouse and minor children to claim property from a deceased person's estate to maintain their standard of living for 12 months following the death.

What Is a Year's Support?

Under O.C.G.A. § 53-3-1, the surviving spouse and minor children of a person who dies — whether or not they left a will — are entitled to a year's support from the estate. This is a court-awarded allowance of property (cash, real estate, personal property, or other assets) designed to cover the family's needs for the first 12 months after the decedent's death.

What makes year's support so powerful is its priority: it ranks above most other claims against the estate. The law treats a family's immediate welfare as more important than most creditors, giving the surviving spouse and children first dibs on estate assets.

Who Can File?

You may file a Petition for Year's Support if:

You are the surviving spouse of the deceased (and have not remarried), or
You are filing on behalf of minor children of the deceased, or
You are both the surviving spouse and the parent/guardian of minor children

The petition is filed in the Probate Court of the county where the deceased was living at the time of death. For Gwinnett County residents, that means filing at the Gwinnett County Probate Court located in the Gwinnett Justice and Administration Center in Lawrenceville.

Why Notarization Is Required

The Petition for Year's Support includes a VERIFICATION section where the petitioner swears under oath that the facts stated in the petition are true and accurate. According to the official GPCSF Form 10 instructions, the petition "should be sworn to before a notary public or before a probate court clerk."

This notarization requirement serves several important purposes:

It verifies the identity of the petitioner to prevent fraudulent claims against the estate
It ensures the petitioner understands they are making sworn statements subject to penalties for perjury
It creates a reliable record for the court, the estate's executor or administrator, and any interested parties
It satisfies the evidentiary requirements for a probate proceeding, where accuracy and good faith are critical

The form includes a signature block for "NOTARY/CLERK OF PROBATE COURT," making it clear that a Georgia notary public or the probate court clerk must witness the petitioner's signature.

What Assets Can Be Claimed?

The year's support allowance can include:

Cash and bank accounts
Real estate (the family home, rental properties, land)
Vehicles and personal property
Stocks, bonds, and investment accounts
Any other assets belonging to the estate

The court determines what is "reasonably necessary" for the support and maintenance of the surviving family members based on their financial circumstances and the size of the estate.

How to Get the Form

The official GPCSF Form 10 — Petition for Year's Support — is available for free from the Georgia Probate Court Standard Forms website or from any county probate court in Georgia. You do not need an attorney to file, though consulting one is always wise for complex estates.

Important Deadlines

The petition must be filed within a reasonable time after the decedent's death — typically within the first few months. Surviving family members should act promptly to ensure the claim is not lost or complicated by the estate administration process.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.