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

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
PROBATE DIVISION

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Arkansas [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity of Petitioner:
☐ Surviving spouse of the Decedent
☐ Minor child of the Decedent (there being no surviving spouse)
☐ Guardian of minor child(ren) of the Decedent
☐ Person having care and custody of minor child(ren)

3. DECEDENT AND FAMILY INFORMATION

a. The Decedent, [DECEDENT FULL LEGAL NAME], died on [__/__/____], domiciled in [COUNTY] County, Arkansas.

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 parties were continuously married for [____] years (note: certain homestead rights under § 28-39-201 vest only after more than one (1) year of marriage). ☐ The Decedent left no surviving spouse.

d. Minor Children: The Decedent was survived by the following minor children:

4. STATUTORY ENTITLEMENT

The Decedent was domiciled in Arkansas at death. In addition to homestead, dower, and curtesy rights, Petitioner is entitled to the statutory allowances under Ark. Code § 28-39-101:

5. HOMESTEAD RIGHT — Ark. Code § 28-39-201

a. ☐ The Decedent owned a homestead located at [PROPERTY ADDRESS], [COUNTY] County, Arkansas, legally described as: [LEGAL DESCRIPTION].

b. ☐ The surviving spouse has no separate homestead in his or her own right; accordingly the homestead is exempt and its rents and profits vest in the surviving spouse for life under § 28-39-201(a).

c. ☐ The Decedent left one or more children, who share one-half (½) the rents and profits until each reaches twenty-one (21) years of age under § 28-39-201(b).

d. The parties were continuously married for more than one (1) year, satisfying § 28-39-201(d). ☐ Yes ☐ No

e. Petitioner requests that the Court set apart and confirm the homestead right described above as exempt from the claims of creditors.

6. PERSONAL PROPERTY AND HOUSEHOLD ALLOWANCES — Ark. Code § 28-39-101

Petitioner requests that the following property be assigned and set apart under § 28-39-101. The personal-property allowance is limited to $4,000 as against distributees (or $2,000 as against creditors); the household-goods allowance covers items reasonably necessary for family use and occupancy of the dwelling:

☐ Petitioner elects to take the personal-property allowance ☐ in specie (selected items above) ☐ from the sale proceeds.

7. FAMILY (SUSTENANCE) ALLOWANCE REQUESTED — Ark. Code § 28-39-101(c)

Petitioner requests the two-month sustenance allowance for the surviving spouse and/or minor children, in a reasonable amount not exceeding $1,000 in the aggregate, for sustenance during the two (2) months following the Decedent's death, in accordance with the usual living standards of the family.

Basis for amount (family living standard / two-month sustenance need):

8. PRIORITY OVER CLAIMS

a. The statutory allowances under § 28-39-101 are cumulative, and the household-goods allowance (subsection (b)) and the two-month sustenance allowance (subsection (c)) apply as against both creditors and distributees (§ 28-39-101(d)).

b. The personal-property allowance is $4,000 as against distributees but is limited to $2,000 as against creditors (§ 28-39-101(a)(1)), giving it priority over general creditor claims up to that amount.

c. The homestead is exempt from creditor claims under § 28-39-201; the surviving spouse takes the rents and profits of the homestead for life (a life estate — not fee title), with minor children sharing until each reaches twenty-one (21). Separately, the personal-property allowance under § 28-39-101(a) vests in the surviving spouse and does not terminate with his or her subsequent death or remarriage, becoming absolute property (§ 28-39-101(a)(2)).

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 and confirm the homestead right described above as exempt from creditor claims under Ark. Code § 28-39-201;

c. Assign and set apart to Petitioner the personal-property and household allowances itemized above under Ark. Code § 28-39-101(a)–(b);

d. Award the two-month sustenance allowance of $[________________] (not exceeding $1,000) under Ark. Code § 28-39-101(c);

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 Arkansas 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], Arkansas.

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]
Arkansas 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 allowance values
☐ Legal description / deed for the homestead property (for § 28-39-201)
☐ Schedule of two-month sustenance expenses
☐ Proof of relationship (marriage certificate; birth certificates of minor children)
☐ Proof of continuous marriage exceeding one (1) year (for homestead right)
☐ Proof of service on personal representative and interested persons
☐ Proposed Order Setting Apart Allowances and Confirming Homestead Right
☐ Filing fee payment