How to Prepare a Family Allowance Petition in California: What to Include

Quick answer: In California you do not file a “year’s allowance” petition by that name. Instead, you can ask the probate court for a family allowance or interim support for the surviving spouse, domestic partner, or minor children while the estate is administered. Your petition should identify the petitioner and decedent, explain the need for support, state the assets and likely income of the estate, specify the amount and duration requested, attach supporting documents (death certificate, marriage or partnership proof, income/expense statement, and any asset inventory), and propose a form of order. You must also follow notice and filing rules so interested persons and creditors can respond.

Detailed answer

This answer explains what to include when asking a California probate court for a family allowance. It assumes no legal background. The goal is to help you gather necessary information and present a clear petition so the court can decide whether temporary support is appropriate.

1. What is a family allowance in California?

A family allowance is a court-ordered payment from estate assets to support the surviving spouse, registered domestic partner, and minor children during probate administration. It covers reasonable living expenses until the estate can be distributed or other support sources are available.

For more general information about California probate law, see the California Probate Code and the California Courts self-help pages:

2. Who can request a family allowance?

Typically the surviving spouse or domestic partner, or a guardian for the decedent’s minor children, may request a family allowance. Anyone with an interest in the estate may also bring the issue to the court if necessary to protect dependents.

3. What documents and information to include in your petition

Prepare a clear written petition (or application) containing the following items. Use concise headings and attach documents as exhibits.

Case caption and caption details: Court name, county, case number (if known), and title identifying petitioner and decedent.
Petitioner’s identity and relationship: Full name, contact information, relationship to the decedent (spouse, domestic partner, child, etc.), and whether the petitioner is a proposed heir or beneficiary.
Decedent information: Full name, date of death, and date/place of last residence.
Statement of the request: A clear statement that you are asking the court for a family allowance (interim support) from estate assets and whether you request monthly payments, a lump-sum, or both.
Amount and duration requested: State the dollar amount you think is reasonable and how long you seek it (e.g., monthly support for X months, or until estate distribution). Explain how you calculated the amount (housing, utilities, groceries, medical, childcare, transportation, insurance, etc.).
Financial facts about the estate: A simple inventory or summary of known estate assets and likely cash availability (bank accounts, real property, life insurance payable to the estate, retirement accounts, etc.). If you have a preliminary inventory, attach it. If the estate is small, explain why ordinary creditor claims or administration costs may affect availability.
Petitioner’s financial need and alternatives: Current income, assets, and any other sources of support (social security, employment, pensions, community resources). Explain why a family allowance is necessary and why other sources are insufficient.
Supporting documents: Attach copies of the death certificate, marriage certificate or proof of domestic partnership, birth certificates for minor children (if relevant), a proposed budget or income/expense statement for the petitioner, and any preliminary estate inventory or bank statements that show estate liquidity.
Notice and service information: State whether you will serve the petition on heirs, beneficiaries, creditors, and the personal representative (if one is appointed). Attach a proposed form of order and a proposed notice to interested persons. Courts require notice so others can object.
Declaration in support: A signed declaration under penalty of perjury from the petitioner summarizing the facts, verifying the attachments, and explaining urgency if you request emergency interim payments.
Proposed order: Draft a proposed order the judge can sign specifying the allowance amount, payment schedule, source of funds, and any reporting requirement (for example, requiring the estate representative to make payments from estate cash or liquidate assets if necessary).
Filing fee or fee waiver request: Include the required filing fee or a completed request to waive court fees if you cannot afford them.

4. Procedural steps and timing

File the petition with the correct county probate court clerk.
Serve a copy on the personal representative (if appointed), all heirs and beneficiaries, and any known creditors as required by local rules.
Request a hearing if the court’s local rules require one. Some courts allow ex parte (emergency) interim family allowances when urgent support is needed; you must show immediate need.
At the hearing, be prepared to explain and document the petitioner’s needs and the estate’s ability to pay.

5. What the judge will consider

The court balances the dependent family member’s reasonable needs against the estate’s assets and creditors’ rights. Important factors include:

Reasonableness of the amount requested.
Availability of estate funds or liquid assets.
Other sources of support for the petitioner (employment, benefits, life insurance proceeds not in the estate).
Potential prejudice to creditors and bona fide heirs.
Whether urgent relief is needed to prevent hardship.

6. Example (hypothetical facts)

Maria is the surviving spouse of John, who died leaving a small estate with $12,000 in a joint bank account now frozen for probate and a house that will take time to sell. Maria has no current income. She files a petition saying she needs $2,500 per month for housing, utilities, groceries, and health insurance for six months while the estate is administered. She attaches a budget, a copy of the death certificate, their marriage certificate, and bank statements. She serves the petition on the named executor and the adult children. The judge grants a reduced interim allowance of $1,800 per month for four months, ordered to be paid from the estate’s liquid funds, with requirement that the executor provide quarterly accounting.

Helpful Hints

Start by reading the probate information on the California Courts website and check local county probate rules for procedures and form requirements: California Courts — Probate Self-Help.
Prepare a short, realistic monthly budget. Judges expect concrete numbers tied to actual expenses.
Gather proof early: death certificate, marriage/domestic partnership records, bank statements, pay stubs, benefit notices, and any existing estate inventory.
Serve all interested persons promptly. Failure to give proper notice can delay or invalidate relief.
If funds are urgent, ask the court for ex parte (emergency) interim payments and explain the immediate hardship with supporting evidence.
Consider consulting a probate attorney if the estate is contested, has limited liquidity, or if creditors or multiple heirs may object.
Keep copies of everything you file and proof of service documents for the court record.

Disclaimer: This article explains general California probate concepts and common practices. It is educational information only and not legal advice. For advice about your specific situation, consult a licensed California attorney or the probate court clerk in the county where the decedent lived.