Petition for Family Allowance

PETITION FOR FAMILY ALLOWANCE

COURT INFORMATION

State of: [________________________________]

County of: [________________________________]

Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court ☐ Circuit Court]

Case Number: [________________________________]

IN THE MATTER OF THE ESTATE OF:

Decedent's Full Legal Name: [________________________________]

Also Known As: [________________________________]

DECEASED

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Relationship to Decedent:
☐ Surviving Spouse
☐ Surviving Domestic Partner
☐ Minor Child of Decedent
☐ Adult Child of Decedent who was dependent on Decedent
☐ Guardian/Conservator of minor child: [________________________________]
☐ Parent of minor child: [________________________________]
☐ Personal Representative on behalf of: [________________________________]

Petitioner's Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Attorney for Petitioner (if applicable):
Name: [________________________________]
Bar Number: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]

II. DECEDENT INFORMATION

Date of Death: [__/__/____]

Date Letters Issued: [__/__/____]

Personal Representative: [________________________________]

Domicile at Death:
[________________________________]
[________________________________]

III. ELIGIBILITY FOR FAMILY ALLOWANCE

A. Petitioner's Status

☐ Surviving Spouse/Domestic Partner:
Date of Marriage/Partnership: [__/__/____]
We were [married/domestic partners] at the time of Decedent's death.

☐ Minor Child(ren):
Name: [________________________________] Date of Birth: [__/__/____] Age: [____]
Name: [________________________________] Date of Birth: [__/__/____] Age: [____]
Name: [________________________________] Date of Birth: [__/__/____] Age: [____]

☐ Adult Dependent Child(ren):
Name: [________________________________]
Reason for Dependency: [________________________________]

B. Dependency and Need

The Petitioner was dependent on the Decedent for support:

☐ The Decedent was the primary wage earner for the household.

☐ The Decedent provided the following percentage of household income: [___]%

☐ The Decedent's monthly contribution to household expenses was: $[____________]

☐ The Petitioner was wholly/partially dependent on the Decedent.

☐ The minor child(ren) was/were wholly dependent on the Decedent for support.

IV. FINANCIAL INFORMATION

A. Petitioner's Current Financial Status

Monthly Income:
| Source | Amount |
|--------|--------|
| Employment income | $[____________] |
| Social Security | $[____________] |
| Pension/retirement | $[____________] |
| Investment income | $[____________] |
| Other: [________________] | $[____________] |
| TOTAL MONTHLY INCOME | $[____________] |

Monthly Expenses:
| Category | Amount |
|----------|--------|
| Housing (mortgage/rent) | $[____________] |
| Utilities | $[____________] |
| Food | $[____________] |
| Transportation | $[____________] |
| Health insurance/medical | $[____________] |
| Child care | $[____________] |
| Education | $[____________] |
| Insurance | $[____________] |
| Debt payments | $[____________] |
| Other: [________________] | $[____________] |
| TOTAL MONTHLY EXPENSES | $[____________] |

Monthly Shortfall: $[____________]

B. Assets Available to Petitioner

C. Prior Support from Decedent

During Decedent's lifetime, the Decedent provided the following support:

☐ Housing: $[____________] per month
☐ Food and necessities: $[____________] per month
☐ Health insurance/medical care: $[____________] per month
☐ Child support/care: $[____________] per month
☐ Other: $[____________] per month

Total Monthly Support Provided by Decedent: $[____________]

V. ESTATE INFORMATION

A. Estate Assets

B. Estate Liabilities

C. Net Estate

Estimated Net Estate: $[____________]

D. Other Beneficiaries/Heirs

VI. FAMILY ALLOWANCE REQUESTED

A. Amount Requested

Petitioner requests a Family Allowance in the amount of:

☐ Lump Sum: $[________________________________]

☐ Monthly Payments: $[____________] per month for [____] months

☐ Total Amount Requested: $[________________________________]

B. Basis for Amount

The amount requested is based on:

☐ Statutory allowance under [STATE STATUTE]: $[____________]

☐ Reasonable maintenance based on:

• Standard of living during Decedent's lifetime
• Petitioner's needs
• Estate resources available

☐ UPC § 2-404 provides for reasonable allowance during administration, not to exceed one year

C. Duration

Family allowance is requested for:

☐ The period of estate administration (estimated [____] months)

☐ [____] months from Decedent's death

☐ Until [specific event: ________________________________]

VII. PRIORITY OF FAMILY ALLOWANCE

Petitioner states that under applicable law, the Family Allowance has priority over:

☐ General creditor claims
☐ Unsecured debts
☐ Claims arising after the Decedent's death

The Family Allowance is subject to:

☐ Costs of administration
☐ Funeral and burial expenses
☐ Secured debts

VIII. PRIOR PAYMENTS

☐ No payments have been made from the estate to Petitioner.

☐ The following payments have been made to Petitioner:

Total Prior Payments: $[____________]

IX. URGENCY

☐ This petition is filed on a routine basis.

☐ This petition is filed on an URGENT basis because:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner requests an expedited hearing.

X. CONSENT OF PERSONAL REPRESENTATIVE

☐ The Personal Representative consents to this petition.

☐ The Personal Representative objects to this petition.

☐ The Personal Representative takes no position.

Personal Representative Signature (if consenting):

_________________________________
Date: [__/__/____]

XI. REQUESTS

Petitioner respectfully requests that this Court:

☐ Grant a Family Allowance in the amount of $[____________]

☐ Order the Personal Representative to pay the Family Allowance:
☐ As a lump sum
☐ In monthly installments of $[____________]

☐ Determine that the Family Allowance has priority over other claims

☐ Order expedited payment due to urgent circumstances

☐ Other: [________________________________]

XII. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of [STATE] that:

1. I am the Petitioner in this matter.

2. I have read this Petition and know its contents.

3. The matters stated herein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. The financial information provided is accurate and complete.

Executed on [DATE] at [CITY], [STATE].

_________________________________
Petitioner Signature

_________________________________
Printed Name

NOTICE OF HEARING

A hearing on this Petition will be held:

Date: [__/__/____]
Time: [____:____ AM/PM]
Location: [________________________________]
Department/Courtroom: [________________________________]

ATTACHMENTS

☐ Financial documentation (bank statements, pay stubs)
☐ Proof of relationship to Decedent
☐ Copy of Letters [Testamentary/of Administration]
☐ Proof of dependency (if adult child)
☐ Birth certificates of minor children
☐ Declaration of need
☐ Other: [________________________________]

STATE-SPECIFIC PROVISIONS

END OF PETITION FOR FAMILY ALLOWANCE