Petition for Family Allowance, Exempt Property, and Homestead Allowance (District of Columbia)

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — PROBATE DIVISION

COURT CAPTION

Administration / Case Number: [____________________________________]
Type of Administration: ☐ Supervised ☐ Unsupervised ☐ Small Estate

1. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], Washington, DC [ZIP CODE]
Telephone: [________________________________] Email: [________________________________]
Relationship to Decedent:
☐ Surviving Spouse
☐ Surviving Domestic Partner
☐ Guardian / person having care and custody of minor or dependent child(ren)
☐ Surviving child of the Decedent (where no surviving spouse / domestic partner)
☐ Personal Representative of the Estate

2. DECEDENT AND FAMILY INFORMATION

Minor / Dependent Children of the Decedent:

3. STATUTORY ENTITLEMENT

3.1 Homestead Allowance — D.C. Code § 19-101.02. The Decedent's surviving spouse or surviving domestic partner is entitled to a homestead allowance of $30,000. If there is no surviving spouse or surviving domestic partner, each surviving minor child and each surviving dependent child is entitled to a homestead allowance equal to $30,000 divided by the number of such children. The homestead allowance is exempt from and has priority over all claims against the estate, except as provided in D.C. Code § 20-906, and is in addition to any share passing by will, intestate succession, or elective share.

3.2 Exempt Property — D.C. Code § 19-101.03. In addition to the homestead allowance, the surviving spouse or surviving domestic partner is entitled to a value not exceeding $20,000 in excess of any security interests in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse or surviving domestic partner, the surviving children are entitled jointly to the same value. If exempt property in kind is insufficient to reach $20,000, other estate assets (except real property) may be used to make up the value.

3.3 Family Allowance — D.C. Code §§ 19-101.04, 19-101.05. In addition to the homestead allowance and exempt property, the surviving spouse or surviving domestic partner, and minor children whom the Decedent was obligated to support (and children in fact supported by the Decedent), are entitled to a reasonable allowance in money for their maintenance during administration. Under § 19-101.05(a), the family allowance may be disbursed in a lump sum not exceeding $30,000 in cash or in personalty at fair value as the surviving spouse or surviving domestic partner may elect.

4. HOMESTEAD ALLOWANCE REQUESTED (§ 19-101.02)

5. EXEMPT PROPERTY REQUESTED (§ 19-101.03)

Petitioner selects the following property (value not to exceed $20,000 in excess of security interests). Property specifically devised may not be used to satisfy these rights if the estate is otherwise sufficient (§ 19-101.05(a)).

☐ If exempt property in kind is less than $20,000 net, Petitioner requests other estate assets (except real property) to make up the value.

6. FAMILY ALLOWANCE REQUESTED (§§ 19-101.04, 19-101.05)

Apportionment (if minor/dependent children are NOT in custody of the surviving spouse/partner — § 19-101.05(b)):

7. PRIORITY OVER CREDITOR CLAIMS

7.1 Homestead allowance is exempt from and has priority over all claims against the estate, except as provided in D.C. Code § 20-906 (§ 19-101.02).

7.2 Exempt property has priority over all claims against the estate, except the homestead allowance, the family allowance, and as provided in § 20-906 (§ 19-101.03).

7.3 Family allowance is exempt from and has priority over all claims, except the homestead allowance and as provided in § 20-906 (§ 19-101.04(a)). It is not chargeable against any benefit or share passing by will, intestate succession, or elective share, and terminates as to unpaid allowances upon the death of a person entitled to it (§ 19-101.04(b)).

7.4 Each of these allowances is in addition to any benefit or share passing to the surviving spouse, surviving domestic partner, or children by the Decedent's will, by intestate succession, or by way of elective share, unless otherwise provided.

8. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Determine and set apart the homestead allowance under D.C. Code § 19-101.02 in the amount of $[________________];

b. Determine and set apart exempt property under D.C. Code § 19-101.03 having a net value of $[________________] (not exceeding $20,000);

c. Determine and award a family allowance under D.C. Code §§ 19-101.04 and 19-101.05 in the amount of $[________________] (not exceeding $30,000 lump sum), or in periodic installments as set forth above;

d. Confirm the statutory priority of these allowances over creditor claims;

e. Direct the Personal Representative to disburse the allowances and exempt property accordingly; and

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

9. VERIFICATION

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

Executed on [__/__/____] at Washington, District of Columbia.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this Petition was served on the following persons by the method indicated:

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

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Proof of marriage / domestic partnership (as applicable)
☐ Inventory or list of estate assets (to identify exempt property)
☐ Schedule of security interests on selected property
☐ Proposed Order setting apart homestead allowance, exempt property, and family allowance
☐ Proof of service / Certificate of Service
☐ Copy of will (if testate)
☐ Applicable Superior Court Probate Division form (confirm current form)