What a year’s allowance is (briefly)

A year’s allowance is a court-ordered amount paid from a deceased person’s estate to provide immediate support to the surviving spouse and/or minor children. The allowance exists to provide living expenses while the estate is being administered. Procedures and priority vary by state and by local probate practice; in Alabama you will pursue this through the probate court where the estate is opened.

Who may seek a year’s allowance

Typically, the surviving spouse and minor children have a statutory right to request a year’s allowance. If you are filing on behalf of a minor or an incapacitated person, you must explain your authority to act for that person.

Essential items to include in your petition

When you prepare a year’s allowance petition in Alabama, include the following items and information so the court and the personal representative (executor/administrator) can process the request:

1. Caption and case information. The heading should name the probate court, the estate (decedent’s full name), and the estate file number (if the estate is already opened). If you do not yet have a file number, the petition should state that the estate was or will be opened in that court.
2. Petitioner identification and standing. Full name, address, telephone, relationship to the decedent (for example: surviving spouse; mother of minor child), and, if applicable, that you are filing on behalf of a minor with a statement of your authority to act.
3. Decedent information. Decedent’s full name, date of death, last known address, and whether a will has been filed. Attach a copy of the death certificate if available.
4. Personal representative/executor information. Name and contact information for the personal representative (sometimes called the executor or administrator) and the date letters testamentary or of administration were issued (if already issued).
5. Statement of need and proposed allowance amount. A clear, itemized statement of why you need a year’s allowance. Include a proposed dollar amount, an itemized monthly budget or projected expenses (rent/mortgage, utilities, groceries, medical costs, insurance, transportation, child care, and other essential expenses). Explain whether you seek a lump sum or periodic payments and how you propose the court order payment (for example, by ordering the personal representative to pay a set monthly sum from estate funds).
6. Estate assets and liquidity. A concise statement of known estate assets (bank accounts, investments, real property, vehicles, life insurance payable to the estate, etc.) and whether the estate has sufficient liquid assets to make the payment without jeopardizing creditors’ rights. If you have or can obtain a recent inventory or informal accounting, attach it or summarize it.
7. Priority and creditor notice information. State whether you understand the allowance will have priority under applicable Alabama probate law and whether creditors or other heirs will be notified. If the estate has known creditors or pending claims, note that in the petition.
8. Supporting documents and exhibits. Attach any documents that support your need: the decedent’s death certificate, copies of bills and household expense records, bank statements showing lack of income, pay stubs, medical bills, lease or mortgage statements, and a copy of any estate inventory or letters testamentary.
9. Proposed form of order. Prepare and attach a proposed court order for the judge to sign that states the allowance amount, payment schedule, and from which estate account the payments should be made. A clear proposed order speeds the court’s processing.
10. Verification and signature. The petition should be verified (signed under oath) by the petitioner or the petitioner’s attorney. Include a certificate of service showing who was served with the petition (personal representative, heirs, and other interested persons) and how they were served (mail, hand delivery, or other method required by local rules).
11. Filing fee and method. Confirm the current filing fee with the local probate clerk and include payment or request a fee waiver if eligible. Ask the clerk how many copies they need and whether local forms are available.

Common procedural steps after filing

• File the petition with the probate clerk in the county where the decedent’s estate is being administered.
• Serve the personal representative and other interested parties with the petition and proposed order (follow the court’s required service method).
• Attend any hearing the court schedules. Be prepared to present your budget, supporting documents, and testimony about immediate needs.
• If the court approves the allowance, ensure the order specifically directs how and from which estate funds the payments will be made and sets any accounting requirements.

Where to look for authoritative Alabama guidance

Probate procedures and forms differ by county. For official information and local forms, contact the probate clerk where the estate lies or visit the Alabama Administrative Office of Courts website for general guidance: https://judicial.alabama.gov. For statutory language and state code, visit the Alabama Legislature’s site: https://www.legislature.state.al.us.

Helpful Hints

• Bring a current, detailed monthly budget showing essential expenses when you go to court—numbers help judges decide quickly.
• Attach a copy of the death certificate and any letters of administration/executor to avoid delays.
• Prepare a short timeline of the estate administration so the judge sees how urgent the need is.
• Ask the probate clerk whether the county provides a local petition form for a year’s allowance—many counties have templates you can complete.
• Serve the personal representative promptly and keep proof of service; improper service can delay the petition for weeks.
• If the estate lacks liquid funds, ask whether the personal representative can use exempt property or obtain interim funds—this depends on local practice and the estate’s condition.
• Consider consulting a probate attorney if the estate is complicated, if heirs contest the request, or if the personal representative resists making payments.