Application for Allowance for Support of Surviving Spouse and Family (Connecticut)

APPLICATION FOR ALLOWANCE FOR SUPPORT OF SURVIVING SPOUSE AND FAMILY

COURT OF PROBATE, [DISTRICT NAME] PROBATE DISTRICT, STATE OF CONNECTICUT

COURT CAPTION

Estate / Case Number: [____________________________________]
Probate District: [________________________________]

1. APPLICANT INFORMATION

Applicant Name: [APPLICANT FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Connecticut [ZIP CODE]
Telephone: [________________________________] Email: [________________________________]
Relationship to Decedent:
☐ Surviving Spouse
☐ Member of the Decedent's family entitled to support
☐ Guardian / person having care and custody of minor or dependent family member
☐ Fiduciary (Executor / Administrator) of the Estate

2. DECEDENT AND FAMILY INFORMATION

Family Members Dependent on the Decedent for Support:

3. STATUTORY ENTITLEMENT (Conn. Gen. Stat. § 45a-320)

3.1 Under Conn. Gen. Stat. § 45a-320(a), the Court of Probate may allow out of any real or personal estate of a deceased person in settlement before the Court — including a small estate being settled under Conn. Gen. Stat. § 45a-273 — such amount as it may judge necessary for the support of the surviving spouse or family of the Decedent during the settlement of the estate.

3.2 The allowance is set in the Court's discretion, taking into account the condition of the estate and the station in life of the family. "Necessary" is not restricted to bare subsistence. There is no fixed statutory dollar cap.

3.3 Under Conn. Gen. Stat. § 45a-320(b), the Court may, in its discretion, decree that the allowance:
(1) run for the entire period of settlement, or for a fixed period not exceeding the settlement period (subject to renewal);
(2) be paid in a lump sum;
(3) when made for a surviving spouse, vest retroactively as of the moment of the Decedent's death as a fixed sum certain, not terminating on the spouse's later death or remarriage; and/or
(4) be charged ultimately, in whole or in part, against any right of the surviving spouse or family member to estate income earned during settlement.

3.4 Family Car — § 45a-320(c). The Court may also allow the surviving spouse or family the use, during settlement of the estate, of any motor vehicle maintained by the Decedent during his or her lifetime as a family car.

4. SUPPORT ALLOWANCE REQUESTED (§ 45a-320)

Requested discretionary provisions (check all that apply):
☐ Allowance to run for the entire period of settlement
☐ Allowance to run for a fixed period of [____] (subject to renewal)
☐ Allowance to vest retroactively as of the Decedent's date of death (surviving spouse)
☐ Allowance charged against Applicant's right to estate income during settlement
☐ Use of the family motor vehicle: [YEAR / MAKE / MODEL / VIN]

Basis for amount requested (monthly household expenses, dependents, station in life):
[____________________________________________________________]
[____________________________________________________________]

5. PRIORITY / PAYMENT FROM THE ESTATE

5.1 The support allowance is payable out of the real or personal estate in settlement before the Court of Probate and is a charge against the estate during administration. The allowance for support is generally satisfied ahead of distribution to heirs, beneficiaries, and general creditors as the Court directs.

5.2 The allowance is in addition to, and is coordinated with, any statutory/elective share the surviving spouse may claim under Conn. Gen. Stat. § 45a-436; where a support allowance is allowed to a surviving spouse, the spouse may not take the statutory share until the support allowance expires.

6. PRAYER FOR RELIEF

WHEREFORE, Applicant respectfully requests that the Court of Probate:

a. Allow a support allowance under Conn. Gen. Stat. § 45a-320 in the amount of $[________________] (lump sum) or $[________________] per [month/week] for [____] / the period of settlement;

b. Include the discretionary provisions checked in Section 4 above;

c. If requested, allow the use of the family motor vehicle during settlement;

d. Order the fiduciary to pay the allowance out of the estate; and

e. Grant such other and further relief as the Court deems just and equitable.

7. VERIFICATION

I, [APPLICANT FULL LEGAL NAME], declare under penalty of false statement under the laws of the State of Connecticut that I have read the foregoing Application and that the statements made in it are true and correct to the best of my knowledge and belief.

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

Applicant Signature: ______________________________________

Printed Name: [APPLICANT FULL LEGAL NAME]

8. CERTIFICATE OF SERVICE / NOTICE

I certify that on [__/__/____] a true and correct copy of this Application was provided to the Court of Probate and served on the following interested parties by the method indicated:

Signature: ______________________________________
Printed Name: [APPLICANT / ATTORNEY NAME]
Connecticut Juris No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________] Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Statement of household / support expenses supporting the amount requested
☐ List of family members dependent on the Decedent
☐ Inventory or financial report showing condition of the estate (if available)
☐ Copy of will (if testate)
☐ Proposed Decree of Allowance for Support
☐ Notice of hearing to interested parties (if set by the Court)
☐ Connecticut Probate Court form (confirm current form with the Probate Court)