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

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

Before you use this: The dollar amounts below apply to allowances claimed from April 1, 2024, through March 31, 2027. Confirm the claim date and the State Treasurer's published amounts before filing.

IN THE PROBATE COURT OF [COUNTY] COUNTY, ALABAMA

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Alabama [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity of Petitioner:
☐ Surviving spouse of the Decedent
☐ Child of the Decedent (there being no surviving spouse; identify each allowance sought below)
☐ Guardian / conservator of 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 [COUNTY] County, Alabama.

b. Administration of the Decedent's estate is pending in this Court. ☐ Letters Testamentary / ☐ Letters of Administration were issued to [PERSONAL REPRESENTATIVE NAME] on [__/__/____].

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

d. Children: The Decedent was survived by the following children. Include adult children even if they are not dependents, because the exempt-property right passes jointly to the children if there is no surviving spouse. Identify which children are minors or were in fact supported by the Decedent for the other allowances:

4. STATUTORY ENTITLEMENT

The Decedent was domiciled in Alabama at death. Petitioner seeks the following allowances under Article 6 of the Alabama Probate Code. The homestead allowance and exempt-property rights are in addition to a share passing by will unless the will otherwise provides. The family allowance is not charged against a will share unless the will otherwise provides. The statutes also address shares passing by intestacy or elective share.

5. HOMESTEAD ALLOWANCE REQUESTED — Ala. Code § 43-8-110

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 $18,800 (the CPI-adjusted amount for claims on or after April 1, 2024; base $15,000 under § 43-8-110, adjusted per § 43-8-116).

b. ☐ There is no surviving spouse; the $18,800 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 $[________________].

d. ☐ Petitioner acknowledges a constitutional homestead right in the family home valued at $[________________], to be charged against the homestead allowance under § 43-8-110(b).

6. EXEMPT PROPERTY REQUESTED — Ala. Code § 43-8-111

Petitioner requests that the following property be set apart as exempt property for the surviving spouse or, if none, jointly for the Decedent's children, up to the statutory cap of $9,400 in value (the CPI-adjusted amount for claims from April 1, 2024, through March 31, 2027; base $7,500, adjusted per § 43-8-116) in excess of any security interests. If the estate lacks $9,400 of qualifying exempt property, Petitioner requests other assets of the estate to make up the deficiency, subject to the specifically devised property restriction in Ala. Code § 43-8-113:

7. FAMILY ALLOWANCE REQUESTED — Ala. Code § 43-8-112

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.

If the personal representative determines the allowance without a court order, Ala. Code § 43-8-113 limits a lump sum to the applicable CPI-adjusted ceiling ($18,800 for claims from April 1, 2024 through March 31, 2027) or periodic installments to $500 per month. This petition asks the court to determine the requested amount; § 43-8-113 permits a court award larger or smaller than the representative could determine.

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 (Ala. Code § 43-8-110).

b. The family allowance is exempt from and has priority over all claims against the estate but does not have priority over the homestead allowance (Ala. Code § 43-8-112).

c. Rights to exempt property and to assets needed to make up a deficiency have priority over all claims against the estate, except that the right to deficiency assets abates as necessary to permit prior payment of the homestead allowance and family allowance (Ala. Code § 43-8-111).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Set this Petition for hearing and direct any notice the Court requires;

b. Set apart a homestead allowance of $[________________] for [ELIGIBLE SURVIVING SPOUSE OR MINOR/DEPENDENT CHILDREN] under Ala. Code § 43-8-110;

c. Set apart the exempt property itemized above for [ELIGIBLE SURVIVING SPOUSE OR CHILDREN JOINTLY], not exceeding $9,400 in net value, under Ala. Code § 43-8-111;

d. Award a family allowance of $[________________] (☐ lump sum / ☐ $[________________] monthly for [____] months) under Ala. Code § 43-8-112;

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], being duly sworn, state 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], Alabama.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [MONTH], [YEAR].

______________________________________
Notary Public — My commission expires: [__/__/____]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition was served on the following persons as directed by the Court:

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

POSSIBLE ATTACHMENTS (confirm court instructions):

☐ Certified copy of Death Certificate
☐ Copy of Letters Testamentary / Letters of Administration
☐ 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