Detailed Answer: What to include when you file a year’s allowance petition in Georgia

Under Georgia probate law, a surviving spouse (and in some circumstances minor children) may ask the probate court for a “year’s allowance”—a court-ordered payment from the decedent’s estate to provide support for the surviving family for a period of time after death. The petition must give the court the facts and documents it needs to decide whether to award an allowance and how much. Below is a practical, step-by-step checklist of what to include and why it matters.

1. Case caption and basic case identifiers

Probate court name and county.
Estate name (e.g., “Estate of [Decedent’s initials or last name]”).
Probate case number (if one has already been opened) or a note that application is being made at the time a new estate is opened.

2. Petitioner identification and standing

Petitioner’s full name, address, phone, and relationship to decedent (e.g., surviving spouse).
If filing for a child, list each minor child by name and date of birth and identify the person filing on the child’s behalf (guardian or parent).
A short statement asserting that the petitioner is eligible to request a year’s allowance under Georgia law (surviving spouse or permitted family member).

3. Decedent details

Decedent’s full name, date of death, and last known address.
Attach a certified copy of the death certificate if available.
Attach a copy of the decedent’s will (if there is one) or state that the decedent died intestate.

4. Relationship proof documents

Marriage certificate or other proof of marriage to show the petitioner is the surviving spouse.
Birth certificates for any minor children, or other documents showing parentage.

5. Statement of need and financial facts

The court will want to know why support is needed and what resources are available. Include:

An affidavit or sworn statement summarizing the petitioner’s monthly income, expenses, and assets (bank accounts, property, retirement, life insurance proceeds payable to the petitioner, etc.).
Information about any income or support the petitioner expects to receive from other sources (employer benefits, Social Security survivors benefits, child support, etc.).
Itemized list of household expenses and basic living costs to justify the requested allowance amount.

6. Inventory of estate assets (as known)

A preliminary inventory listing known estate assets and approximate values (real property, bank accounts, vehicles, personal property, insurance proceeds payable to the estate, business interests).
If an executor or personal representative has already been appointed, attach the letters testamentary or letters of administration.

7. Amount requested and proposed order

State the amount you request for the year’s allowance or the monthly amount and the total for one year. If you prefer, request that the court set an amount based on the facts presented.
Prepare and attach a proposed order the judge can sign if the court grants the allowance. Include language directing payment from estate funds and specifying priority over distributions if relevant.

8. Notice and service information

Identify the personal representative/executor and include their counsel’s contact information, if known.
Describe efforts (or proposed plan) to notify interested parties and creditors about the petition, and include proof of service after you serve the petition.

9. Supporting affidavits and exhibits

Affidavit of petitioner verifying facts in the petition and listing sources of information.
Copies of bank statements, paystubs, bills, or other documents that support the claimed need.
Certified copies of marriage and birth certificates and the death certificate.

10. Request for hearing and signature block

Ask the court to set a hearing on the petition (if required in your county).
Include the petitioner’s signature, date, and a space for the petitioner’s attorney (if represented) to sign.

Timing, priority, and where to file

File the petition in the probate court where the decedent’s estate is being administered (or where you plan to open probate). A year’s allowance typically takes priority over many estate distributions and some creditors’ claims, so file promptly after the decedent’s death. For local filing rules and forms, consult the county probate court clerk or the Georgia probate court resources at the Georgia Administrative Office of the Courts: https://georgiacourts.gov/.

For statutory guidance, look to the Official Code of Georgia (Title relating to probate and estates). The Georgia General Assembly publishes the code online: https://www.legis.ga.gov/. Search for provisions dealing with family allowances or year’s allowance in Title 53 (Probate, Trusts, and Fiduciaries).

Practical tips on amounts and court expectations

The court will balance the petitioner’s needs against estate size and other priority claims.
Courts typically award an amount reasonably necessary for support, not a full replacement of previous income.
Be realistic and document expenses; vague requests are less likely to succeed.

Helpful Hints

Start early: file as soon as possible after the decedent’s death. A prompt petition can protect priority rights.
Gather documentary proof: income statements, bills, bank records, marriage and birth certificates, and the death certificate.
Include a clear, itemized budget showing monthly needs and why estate funds are required for support.
Serve the personal representative and known heirs promptly and follow probate-court notice rules in your county.
Use a proposed order: judges appreciate a clean, ready-to-sign order that states the amount and payment terms.
Check local probate court forms and local rules—counties vary in required attachments and filing formats.
If you are not the surviving spouse but seek allowance for a minor child, show legal authority to act for the child (parent or guardian).
Keep copies of everything filed and of any proof of service of the petition.
If the estate has limited assets, be prepared for the court to set a reduced amount or deny the request if other claims consume the estate.
Consult a probate attorney if the estate is contested, complex, or if you need help drafting evidence or the proposed order.

Disclaimer: This article explains general principles under Georgia probate law and provides practical filing pointers. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Georgia probate attorney or the local probate court.