Detailed Answer
What this filing does: A year’s allowance (often called a family allowance or allowance for support) asks the probate court to set aside funds from the decedent’s estate to support the surviving spouse and minor children for a period (commonly one year). The court will grant an allowance only after reviewing the need, the estate’s value, and the rights of other interested parties. Under Hawaii probate law, the petition must show the legal basis for the allowance and provide enough factual detail for the court to decide. This is not legal advice.
Who should file
A surviving spouse, a guardian for minor children, or a personal representative (executor/administrator) can file the petition. If someone else files, the petition should show the filer’s standing and the filer’s relationship to the decedent or the estate.
Key facts the court expects to see
- Identity of the decedent: full name, date of death, and date of birth.
- Probate case status: whether probate has been opened, the court and case number (if already opened), and name of the personal representative or petitioner.
- Identity of the persons seeking the allowance: surviving spouse, each minor child (name and age), and any dependents claimed.
- Relationship and standing: a short statement showing why the petitioner may request the allowance (spouse, parent, guardian, or representative).
- Statement of need: clear explanation of why support is required for the year requested (income shortfall, care or housing needs, childcare, medical expenses).
- Estate resources and liquidity: a summary of known estate assets, approximate values, and any immediate cash on hand. If the estate lacks cash, explain how the allowance will be paid (e.g., sale or distribution of assets, reserves from the estate).
- Proposed amount and calculation: the total amount requested for the year and the monthly breakdown. Attach a short budget that shows projected monthly expenses and income for the surviving spouse/children.
- Priority and effect on creditors and distribution: a statement acknowledging that a year’s allowance may have priority over some claims and may affect distributions to heirs—so the petition should identify major creditors and any anticipated disputes.
Documents and attachments to include
Attach copies (and bring originals to court if requested):
- Death certificate for the decedent.
- Marriage certificate for a surviving spouse (if applicable).
- Birth certificates or custody papers for minor children.
- A copy of the decedent’s will (if any) and any letters testamentary or letters of administration issued in the probate case.
- Preliminary inventory or short list of estate assets and approximate values (bank accounts, real estate, personal property, life insurance payable to estate, retirement accounts, etc.).
- Recent bank statements or account summaries demonstrating estate liquidity (if available).
- Proof of petitioner’s identity and relationship (photo ID, affidavits, or declarations as needed).
- A proposed court order granting the allowance (drafted for the judge to sign).
- An affidavit or verification signed under penalty of perjury confirming the facts in the petition.
- Certificate of service showing that you gave required notice of the petition to the personal representative, known heirs, beneficiaries, and creditors (attach proof of delivery or mailing).
How to format the petition
Use the probate court’s standard caption (court name, county, case number if open). Start with a short title (e.g., “Petition for Year’s Allowance”), then present numbered paragraphs that state: (1) who you are; (2) who the decedent was and when they died; (3) the relationship and need; (4) estate assets and liquidity; (5) the exact relief requested; and (6) a proposed order. End with a Verification/Signature block and a Certificate of Service.
Procedure and timing
- File the petition with the probate clerk where the decedent’s probate is or should be opened.
- Serve the petition on the personal representative (if appointed), heirs and beneficiaries, and any known creditors as required by local rules.
- The court may set a hearing. Be prepared to present witnesses or documentation to support the need and the requested dollar amount.
- If the petition is granted, the court will issue an order specifying the amount, the duration (typically one year), and how the allowance must be paid from estate funds.
Hawaii legal references and where to look
Hawaii’s probate and estate rules and related statutes are found in the Hawaii Revised Statutes and on the Hawaii Legislature and state courts websites. For statutory language, search the current Hawaii Revised Statutes at the Hawaii State Legislature site: https://www.capitol.hawaii.gov/hrscurrent/. For local probate forms and filing procedures, consult the Hawaii State Judiciary probate pages: https://www.courts.state.hi.us/self-help/probate.
Important: Because procedural details and statute sections can change and may differ by county, review the current statutes and court rules or consult a licensed attorney in Hawaii before you file.
Helpful Hints
- Prepare a short, clear budget. Judges decide allowance amounts on need and reasonableness. A one-page monthly budget helps your case.
- File early. An allowance is meant to provide immediate support; delay can reduce the chance of obtaining funds in time.
- Give full notice. Missing a required notice can delay the petition or lead to objections from heirs or creditors.
- Be realistic about estate liquidity. If the estate holds non-cash assets, explain how the allowance will be paid (sale of assets, temporary advances, or installment plans).
- Keep documentation organized in tabs: identification, relationship proof, estate inventory, budget, and proof of service.
- Expect a hearing if anyone objects. Bring witnesses or sworn statements that confirm financial need and family circumstances.
- Ask the court clerk about local form requirements. Some Hawaii courts provide sample petitions or local rules that speed processing.
- Consider limited legal help. If the petition is contested or the estate is complex, a licensed probate attorney in Hawaii can draft a stronger petition and represent you at hearing.
Disclaimer: This article provides general informational guidance only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.