Probate Court is required to grant Petition for Year’s Support unless a valid objection is filed

In Estate of Sanders, decided on April 8, 2025, Mollie Anne Sanders, surviving spouse of Tony Lee Sanders, filed a Petition for Year’s Support. In her Petition, she asked the Probate Court to set-aside property located at 538 Zoie Lane, Palmetto in Fulton County for her support.

Tony had two adult children from a previous relationship and one of them, Tevin, filed an objection. He argued that the estate should be divided equally among Tony’s heirs. Unfortunately that objection has nothing to do with Mollie’s entitlement to transitional support. Mollie filed a motion to dismiss Tevin’s objection. Tevin did not respond and did not appear at a hearing on the motion to dismiss. The Court then granted Mollie’s objection, but instead of awarding Mollie the property in fee simple (all of it), the Court awarded her a life estate in the property, remainder to Tony’s adult children.

Mollie appealed the Probate Court’s decision. The Court of Appeals agreed with Mollie. The Court found that Georgia law provides:

If an interested person objects to a petition for year’s support, the probate “court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse . . . had prior to the death of the decedent[.]” OCGA § 53-3-7(c). However, “[i]f no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting apart as year’s support the property applied for in the petition.” OCGA § 53-3-7(a) (emphasis supplied).

Once Tevin’s objection was disallowed, the Court was required to enter an Order setting aside for Mollie’s support everything she requested in the Petition. The decision of the Probate Court was reversed.