Detailed Answer

What a year’s allowance is (in plain language)
A year’s allowance (often called a “family allowance” in Connecticut probate practice) is a short-term support award from a deceased person’s estate to the surviving spouse and/or minor children so they have money for living expenses while the estate is being settled. The probate court orders the allowance and decides the amount based on the family’s needs and the estate’s ability to pay.

Who can ask for a year’s allowance

Typically the surviving spouse, statutory heirs, or the personal representative (executor/administrator) asks the probate court for a year’s allowance on behalf of the surviving spouse and minor children. If you are the petitioner, you must show you have standing (you are an interested person or the personal representative).

Where to file

File the petition in the probate court for the district where the decedent lived at the time of death. For court locations and contact details, see the Connecticut Probate Court pages: Connecticut Probate Courts (Judicial Branch). For general statutory background about probate law in Connecticut, see the Connecticut General Assembly site: Connecticut General Statutes (current).

Core elements to include in your year’s allowance petition

Make the petition clear, complete, and supported by documents. At a minimum include:

Case caption and court information: Name of the decedent, probate district, docket or estate number (if already assigned).
Petitioner identification: Your full name, address, phone number, relationship to the decedent (surviving spouse, child, or personal representative), and whether you are filing for yourself or on behalf of another.
Decedent information: Decedent’s full name, date of death, last address, and whether the decedent left a will.
Statement of standing and why relief is requested: Explain why you are entitled to request a year’s allowance (e.g., you are the surviving spouse, there are dependent minor children) and why support is needed now.
Detailed statement of need: A clear, itemized description of monthly living costs (rent/mortgage, utilities, food, medical, transportation, child care) and any extraordinary needs. Show how long current resources will last without the allowance.
Proposed amount and form of payment: State whether you request a lump-sum allowance or periodic payments, and give a dollar amount with a brief explanation of how you calculated it (monthly support × 12, plus one-time urgent expenses, etc.).
Estate assets and liquidity: Provide an estimate of the estate’s value and available cash or quick assets. Identify known assets (bank accounts, real property, life insurance payable to estate) that could fund the allowance.
List of interested persons and notice addresses: Names and addresses of heirs, beneficiaries, and the personal representative so the court can order notice and the petitioner can serve them.
Supporting documents (attach copies):
- Death certificate
- Marriage certificate (if petitioner is spouse)
- Birth certificates for minor children (if applicable)
- Recent pay stubs, benefit statements, or proof of income for the petitioner
- Bank statements or other documents showing household assets or lack of funds
- Preliminary inventory of estate assets, if available
- Copy of will, if one exists
Proposed order for the judge: A short proposed order the judge can sign granting the allowance in the amount and form you request (courts often appreciate a draft order).
Certificate of service or request for notice: Describe how you will serve or have served notice on interested parties, or ask the court to direct service. Attach any proof of service if already completed.
Verification and signature: Sign the petition and include a verification statement (sworn statement) that the facts are true to the best of your knowledge, if the court requires it.

Filing and procedural steps

Prepare the petition and attach supporting documents listed above.
File with the probate court clerk in the district of the decedent’s last residence. Ask the clerk about local filing requirements and fees.
Serve notice on the personal representative, heirs, and beneficiaries as required by the court. The court may require formal service or may allow informal notice in some cases.
Attend any scheduled hearing. Bring originals of the documents submitted and be ready to explain the family’s financial need and why the requested amount is reasonable.
If the court grants an allowance, the order will specify the amount, the source of payment from the estate, and whether it is a lump sum or periodic payments. The personal representative typically pays from estate funds.
If the estate lacks funds to pay the allowance immediately, the court can prioritize the allowance or direct payment from specific estate assets as the law allows.

Timing and urgency

File as soon as practical. Year’s allowance is meant to provide near-term support; courts respond more favorably if you show immediate need and lack of other resources. If the estate’s administration is delayed, ask the court for temporary relief pending full proceedings.

Common pitfalls to avoid

Failing to include a clear itemized budget—vague statements about need are less persuasive.
Neglecting to identify and notify all interested persons—lack of proper notice can delay hearings or result in denial.
Requesting an amount that the estate plainly cannot pay—courts balance need against estate solvency.
Missing required probate court forms or filing rules—always check with the local probate clerk for form requirements.

Hypothetical example

Jane, the surviving spouse, files a petition after her husband’s death. She lists the decedent’s date of death and former address, states she is the surviving spouse, and requests a year’s allowance of $24,000 to cover $2,000 monthly household expenses. Jane attaches the death certificate, their marriage certificate, two months of household bank statements showing limited cash, an inventory estimating $60,000 in estate assets (mostly an unpaid receivable and a modest savings account), and a draft order. She serves the personal representative and the three adult children. At the hearing Jane explains her monthly budget and the court issues an order for the estate’s administrator to pay the allowance in monthly installments. This example shows the importance of clear numbers, documentation, and notice.

Where to get local forms and help

Check the local probate court clerk for specific petition forms and filing instructions. Connecticut probate resources are on the Judicial Branch site: https://www.jud.ct.gov/probate/. For an overview of Connecticut statutes and probate rules, see the General Assembly site: https://www.cga.ct.gov/current/.

When to consult an attorney
If the estate is large, contested, or the court questions your need, consult a probate attorney. An attorney can prepare the petition, advise on strategic presentation of the budget, handle contested notice issues, and represent you at the hearing.

Disclaimer: This article explains general Connecticut probate practice and does not provide legal advice. It is not a substitute for advice from a licensed attorney who can apply the law to your specific situation.

Helpful Hints

Start with a clear, itemized budget—courts favor concrete numbers.
Gather key documents (death certificate, marriage/birth certificates, bank statements) before filing to avoid delays.
List all heirs and beneficiaries and provide current contact information for notice.
Ask the probate clerk for local form templates and filing fee information.
Consider requesting periodic payments rather than a lump sum if the estate has limited liquidity.
Keep copies of everything filed and proof of service on interested parties.
If someone opposes the allowance, remain organized and bring supporting documents to the hearing.
When in doubt about complex estate or family situations, consult a probate attorney early.