Filing a Year’s (Family) Allowance Petition in Delaware: What to Include

This FAQ-style guide explains what you should include when you ask Delaware probate court for a year’s allowance (also called a family allowance) after someone dies. It assumes you start with little or no legal knowledge. This is educational information only and not legal advice.

Detailed answer: key elements to include in your petition

In Delaware, probate law provides for a statutory allowance to a surviving spouse and minor children to cover reasonable living expenses while the estate is being administered. When you file a petition for that allowance, you must provide clear, organized information so the register of wills or the court can decide quickly. At minimum include the following:

1. Caption and court information
   Name the probate office or court and the county where the decedent lived. If you do not know the exact office, file in the probate court (or register of wills) for the decedent’s last residence. For general court information, see the Delaware Courts website: https://courts.delaware.gov/.
2. Petitioner identification
   Give your full name, address, phone number, email, and your relationship to the decedent (for example: surviving spouse, child, or person providing care).
3. Decedent information
   Give the decedent’s full name, date of death, last address, and where probate was or will be opened (if known). Attach a copy of the death certificate if you have it.
4. Estate representative or personal representative
   State whether a personal representative (executor or administrator) has been appointed. If one has been appointed, include their name and contact information. If no representative exists yet, state that and explain whether you are also seeking appointment.
5. Statement of need (why you want the allowance)
   Explain why you need support during estate administration. Describe household expenses, lost income, medical bills, children’s needs, and any immediate financial hardship. Be specific and concise.
6. Proposed amount and duration
   Say how much money you request and the time frame. Typically the allowance covers reasonable living expenses for up to one year while the estate is settled. Explain how you calculated the amount (monthly expenses × 12, special needs, childcare, etc.).
7. Summary of estate assets and available funds
   Provide an estimate of the estate’s assets and liquidity (bank accounts, real estate, life insurance payable to estate). If you don’t have a full inventory yet, include known assets and a statement that a full inventory will be provided when available. This helps the court gauge whether funds exist to satisfy the request.
8. List of interested parties and notices
   List the heirs, beneficiaries, known creditors, and the proposed or appointed personal representative with names and addresses. Indicate whether these people have been or will be served with notice of your petition. The court usually requires notice to interested parties.
9. Supporting documents
   Attach documents that prove your identity, relationship, and need, such as:
   • Death certificate.
   • Marriage certificate or domestic partnership documentation (for surviving spouse).
   • Children’s birth certificates (for minor children).
   • Recent pay stubs, bank statements, or benefit statements (to show income and expenses).
   • Mortgage, rent, utility bills, medical bills, or childcare receipts (to show monthly needs).
10. Proposed order and relief requested
    Include a proposed order the judge can sign, stating the allowance amount, payment schedule (lump sum or periodic payments), who pays (estate funds or personal representative), and the length of time the allowance will run. If you are unsure how to draft an order, ask the register of wills or court clerk for a sample form.
11. Signature, verification, and certificate of service
    Sign and date the petition. Include a verification or declaration that the facts are true to the best of your knowledge. Attach a certificate of service showing who you notified and how (mail, personal service, or electronic service), including dates.

For statutory background on Delaware probate law, see Delaware Code Title 12 (Decedents’ Estates): https://delcode.delaware.gov/title12/. The court will apply the statutory rules and local procedures when deciding the petition.

Common procedural steps after you file

• File the petition at the register of wills or probate office for the decedent’s county (check the local court website for exact filing location and forms).
• The clerk may schedule a hearing and set deadlines for notice to interested parties. Serve notice as required.
• The court may request additional documentation, require mediation, or issue a temporary order pending a full hearing.
• If the petition is granted, the court will specify the amount, duration, and payment method. Payments usually come from estate funds under the supervision of the personal representative.

When you might not qualify

You may be denied an allowance if the court finds adequate income or assets already available to you, if a valid pre-death agreement limits claims, or if the estate lacks funds. Prior separations, pending divorce, or some types of property planning (e.g., assets passing outside the estate) can affect eligibility.

Helpful Hints

• Prepare a simple budget showing your monthly expenses and income — the court relies on concrete numbers.
• Include certified copies of the death certificate and relationship documents to speed review.
• Estimate estate assets conservatively; if you learn more later, you can supplement the record.
• Request interim payments (monthly installments) if you need immediate support rather than a lump sum.
• Serve all known heirs and the personal representative promptly to avoid objections based on lack of notice.
• Keep clear copies of everything you file and proof of service on other parties.
• Ask the register of wills or court clerk for local forms or filing checklists. Local rules can affect required wording.
• Consider consulting a probate attorney if the estate is complex or if you expect disputes — an attorney can draft the petition and proposed order correctly.

Where to find forms and local rules
Use the Delaware Courts website to locate county probate contacts and any local forms: https://courts.delaware.gov/. For statutory provisions governing decedents’ estates in Delaware, see: https://delcode.delaware.gov/title12/.

Disclaimer: This is general information only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Delaware probate attorney or contact the probate court.