Petition for Family Allowance, Exempt Property, and Homestead Allowance

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

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
☐ Minor child / dependent child of the Decedent (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 [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. Minor and Dependent Children: The Decedent was survived by the following minor children and children whom the Decedent was obligated to support or was in fact supporting:

4. STATUTORY ENTITLEMENT

The Decedent was domiciled in Alabama at death. Accordingly, Petitioner is entitled to the following allowances under Article 6 of the Alabama Probate Code, each of which is in addition to any share passing by will, by intestate succession, or by 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 $15,000.

b. ☐ There is no surviving spouse; the $15,000 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 $[________________].

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, up to the statutory cap of $7,500 in value (in excess of any security interests). If the estate lacks $7,500 of qualifying exempt property, Petitioner requests other assets of the estate to make up the deficiency:

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.

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 order notice to the personal representative and all interested persons;

b. Set apart to Petitioner a homestead allowance of $[________________] under Ala. Code § 43-8-110;

c. Set apart to Petitioner the exempt property itemized above, not exceeding $7,500 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], declare under penalty of perjury under the laws of the State of Alabama 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 personal representative and all interested persons as follows:

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

ATTACHMENTS CHECKLIST:

☐ 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