Petition for Family Allowance, Exempt Property, and Homestead Allowance - Alaska

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[____] JUDICIAL DISTRICT AT [CITY]

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Alaska [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity of Petitioner:
☐ Surviving spouse of the Decedent
☐ Minor child / dependent child of the Decedent (there being no surviving spouse)
☐ Child of the Decedent requesting exempt property under AS § 13.12.403 (there being no surviving spouse)
☐ Guardian / conservator of minor or dependent child(ren) of the Decedent
☐ Person having care and custody of minor or dependent child(ren)

3. DECEDENT AND FAMILY INFORMATION

a. The Decedent, [DECEDENT FULL LEGAL NAME], died on [__/__/____], domiciled in [CITY], Alaska.

b. Administration of the Decedent's estate is pending in this Court. ☐ The estate is in ☐ formal / ☐ informal administration. The personal representative is [PERSONAL REPRESENTATIVE NAME], appointed on [__/__/____].

c. Surviving Spouse: ☐ The Decedent was survived by a spouse, [SURVIVING SPOUSE NAME]. ☐ The Decedent left no surviving spouse.

d. Minor and Dependent Children: The Decedent was survived by the following minor children whom the Decedent was obligated to support and children who were in fact being supported by the Decedent:

4. STATUTORY ENTITLEMENT

The Decedent was domiciled in Alaska at death. Petitioner requests the applicable allowances under Article 4, Chapter 12, Title 13 of the Alaska Statutes. Each allowance is in addition to a benefit or share passing by will unless the will provides otherwise, and is in addition to a share passing by intestate succession or elective share. The will [☐ does ☐ does not] provide for a different treatment of an allowance. Relevant will provision and requested treatment: [________________________________].

5. HOMESTEAD ALLOWANCE REQUESTED — AS § 13.12.402

a. As the surviving spouse of the Decedent (or, if none, on behalf of the Decedent's minor and dependent children), Petitioner is entitled to a homestead allowance of $27,000.

b. ☐ There is no surviving spouse; the $27,000 homestead allowance is to be divided equally among the [____] minor and dependent children of the Decedent.

c. Petitioner requests that the Court set apart the homestead allowance in the amount of $[________________].

6. EXEMPT PROPERTY REQUESTED — AS § 13.12.403

Petitioner requests that the following property be set apart as exempt property, up to the statutory cap of $10,000 in value (in excess of any security interests). If the estate lacks $10,000 of qualifying exempt property, Petitioner requests other assets of the estate to make up the deficiency:

7. FAMILY ALLOWANCE REQUESTED — AS § 13.12.404

Petitioner requests a reasonable family allowance in money out of the estate for the maintenance of the surviving spouse and/or minor and dependent children during the period of administration. The allowance may not continue longer than one (1) year if the estate is inadequate to discharge allowed claims.

Personal-representative determination limit (AS § 13.12.405). Without a court order, the personal representative may determine the family allowance in a lump sum not exceeding $18,000, or in periodic installments not exceeding $1,500 per month for one year. A larger family allowance requires an order of this Court. The personal representative or any interested person aggrieved by a selection, determination, payment, or failure to act may petition the Court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.

Basis for amount (monthly maintenance need):

8. PRIORITY OVER CLAIMS

a. The homestead allowance is exempt from and has priority over all claims against the estate (AS § 13.12.402).

b. The family allowance is exempt from and has priority over all claims except the homestead allowance (AS § 13.12.404).

c. Rights to exempt property and to assets needed to make up a deficiency have priority over all claims against the estate, but the right to deficiency assets abates as necessary to permit earlier payment of the homestead allowance and family allowance (AS § 13.12.403).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Set this Petition for hearing (if required) and order notice to the personal representative and all interested persons;

b. Set apart to Petitioner a homestead allowance of $[________________] under AS § 13.12.402;

c. Set apart to Petitioner the exempt property itemized above, not exceeding $10,000 in net value, under AS § 13.12.403;

d. Award a family allowance of $[________________] (☐ lump sum / ☐ $[________________] for [____] months) under AS § 13.12.404;

e. Direct the personal representative to pay and deliver the allowances with the statutory priority over creditor claims; and

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Petition and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Alaska.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition was served on the personal representative and all interested persons as follows:

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Alaska Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Copy of Letters Testamentary / Letters of Administration / Statement of Informal Appointment
☐ Itemized inventory / appraisal supporting exempt-property values
☐ Schedule of monthly maintenance expenses supporting the family allowance
☐ Proof of relationship (marriage certificate; birth certificates of minor/dependent children)
☐ Proof of service on personal representative and interested persons
☐ Proposed Order Setting Apart Homestead Allowance, Exempt Property, and Family Allowance
☐ Filing fee payment