Background
Michael Todd Madlem died intestate in 2019, leaving one adult child and two minor children. Serena Burkard, mother and guardian of one minor child, petitioned for $100,000 in year’s support. The probate court issued and served the required citation and notice, including notice to the estate administrator, interested persons, the IRS, and the county tax commissioner. No one objected.
Burkard later amended her request to $250,000, but the probate court did not issue or publish a citation for the amendment or serve it on the IRS or county tax commissioner. When the court’s 2020 year’s-support order referred to an unattached exhibit, the administrator sought clarification. The probate court concluded that the referenced exhibit was the original $100,000 request and denied Burkard’s effort to obtain an order based on her amendment.
The Court’s Holding
The Court of Appeals vacated the clarification order and remanded. It held that the probate court, rather than Burkard, bore the statutory duty to provide notice of the amended petition under OCGA § 53-3-6 and to establish a deadline for objections.
On remand, the probate court must publish and serve notice of the amendment as required by statute. If no objection is filed, OCGA § 53-3-7(a) requires the court to set apart $250,000 in year’s support, the amount sought in the petition as amended. If an objection is filed, the probate court must follow the objection procedures in OCGA § 53-3-7.
Key Takeaways
- The probate court has the duty to issue, publish, and serve statutory notice for a year’s-support petition and its amendment.
- Without a timely objection, the probate court must award the property requested in the petition.
- An unserved amendment cannot simply be disregarded; the proper remedy is to provide the required notice and permit objections.
Why It Matters
The decision reinforces the mandatory nature of Georgia’s year’s-support statutes. Procedural notice failures by the probate court do not authorize it to limit an unopposed claimant to an earlier request without first giving affected parties the notice and opportunity to object required by law.