Detailed Answer
Short explanation: In Colorado, a “year’s allowance” is commonly called a family allowance or an allowance for the surviving spouse and minor children to provide reasonable support during probate. When you file a petition asking the probate court for this allowance, you must supply enough factual detail and supporting documents so the court can evaluate need, estate resources, and who must be given notice.
What the court expects you to show
The probate court will evaluate three core things:
- Who is entitled: your relationship to the decedent (surviving spouse, minor children, or other eligible dependents).
- What the need is: a clear statement of current living expenses and why the allowance is necessary while the estate is administered.
- What the estate can pay: a description of estate assets, income, or other sources of support that bear on the court’s decision.
Key items to include in the petition
Prepare the petition as a formal pleading to the probate court and include the following items. Use the county probate court’s preferred form when available (see Helpful Hints below).
- Case and court information
- Name of the decedent and date of death.
- The court name (county probate court) and case number if a probate case is already open. If not yet opened, state that fact and request appointment of a personal representative if needed.
- Petitioner information
- Full name, mailing address, telephone number, and relationship to the decedent (e.g., surviving spouse, adult child filing on behalf of minor children).
- If filing on behalf of minors, show your authority (e.g., parent or guardian).
- Who will receive the allowance
- Names, ages, and relationships of each person for whom you request an allowance (surviving spouse, each minor child).
- Amount and duration requested
- State the dollar amount requested and whether you seek a lump sum or periodic payments (monthly). Explain the period the request covers (e.g., until the estate is administered or for a defined short term).
- Detailed statement of need
- Provide a short budget: housing, utilities, food, medical, transportation, childcare, insurance, and other essential expenses.
- Explain any special needs (medical care, special education, or extraordinary expenses).
- Estate assets and income
- Attach an inventory or list of known assets (bank accounts, real estate, retirement accounts, life insurance, personal property) and any periodic income the estate receives.
- Note assets that are not reachable for allowance (for example, some retirement plans or life insurance payable to a named beneficiary).
- Other sources of support
- List surviving spouse’s income, Social Security benefits, pension, child support, or other resources available to the dependents.
- Supporting documents
- Death certificate (copy), marriage certificate, and birth certificates for minor children or other proof of relationship.
- Recent pay stubs, Social Security award letter, bank statements, and any documentation supporting monthly expenses and unusual needs.
- Proposed order
- Attach a proposed court order the judge can sign that sets the allowance amount, the payee(s), the payment schedule, and any reporting requirements.
- Service and notice
- Include a certificate of service or proof that you will (or have) served the petition and proposed order on interested parties: the personal representative (if appointed), heirs, beneficiaries, and known creditors. Colorado law requires notice to interested persons before court action in a probate matter.
- Request for expedited or temporary relief (if needed)
- If you need immediate support, ask the court for an emergency or temporary allowance and explain the urgent facts (risk of eviction, inability to buy food or medicine).
How the court decides
The judge will weigh the requested allowance against the estate’s assets and other available support. Factors include the reasonable needs of the spouse/children, the size and liquidity of the estate, and whether other beneficiaries would be unfairly prejudiced. The court aims to provide fair, temporary support during estate administration.
Where to file and procedural tips
- File the petition in the probate court of the county where the decedent lived when they died.
- Check the local court’s forms and fee schedule. Many Colorado counties provide probate forms and guidance online; the Colorado Judicial Branch keeps a list of probate forms and local contact information: Colorado Judicial Branch — Probate Forms.
- Colorado’s probate law is found in Title 15 of the Colorado Revised Statutes. For statutory guidance and definitions, consult the Colorado Revised Statutes: Colorado Revised Statutes (Title 15 and related provisions).
After the court grants an allowance
The court order will specify how the allowance is to be paid. The personal representative usually pays the allowance from estate funds. If the estate lacks sufficient funds, the court may set a smaller amount or delay payment until assets become available.
When to consult an attorney
If the estate is contested, complex, or the allowance request is high relative to estate assets, speak with a probate attorney. An attorney can draft the petition, prepare the proposed order, make sure notice is proper, and represent you at the hearing.
Disclaimer: This is general information, not legal advice. Laws and procedures vary by county and change over time. Consult a qualified Colorado probate attorney or your county probate court clerk to apply these principles to your situation.
Helpful Hints
- Use local court forms when possible — they streamline filing and meet local formatting rules.
- Gather documentation before filing: death certificate, relationship documents, expense records, and a basic inventory of estate assets.
- If you need immediate help, request a temporary allowance and explain the emergency facts in the petition.
- Always serve the petition on the personal representative (if appointed), heirs, and known beneficiaries; keep proof of service for the court.
- Be realistic and specific about monthly needs — courts prefer concrete figures over vague requests.
- Keep copies of everything you file; probate clerks can tell you the filing fee and whether electronic filing is available in your county.
- When in doubt, consult a Colorado probate attorney for tailored advice and court representation.