Filing a Year’s Allowance Petition in Iowa: What to Include

Disclaimer: This is general information about Iowa probate procedures and is not legal advice. Consult a licensed Iowa attorney for advice about your specific situation.

Detailed answer — what a year’s allowance is and who can ask for it

A “year’s allowance” (sometimes called “year’s support” or an “allowance for family maintenance”) is a short-term cash allowance a court can order from a decedent’s estate to provide immediate support to a surviving spouse and minor children while the estate is administered. In Iowa, these allowances are handled in probate court under the state probate statutes and local court rules.

Typical eligibility: the surviving spouse and dependent minor children. A personal representative (executor/administrator) or an eligible family member may file the petition on behalf of the applicant.

When you might file

File a year’s allowance petition when the surviving spouse or minor children need immediate funds for basic living expenses before the estate assets are distributed. Courts commonly grant this early support when the estate is solvent enough to cover the request without unfairly harming creditors or other heirs.

What to include in your year’s allowance petition (checklist and explanation)

Below is a practical checklist of information and documents courts expect to see in a year’s allowance petition in an Iowa probate case. Draft the petition so the court and interested parties can quickly evaluate the need and the legal basis for the allowance.

Caption and case information: Probate court caption (County Probate Court or District Court, Probate Division), decedent’s full name, date of death (if known), probate case number (if the estate has already been opened). If the estate is not yet opened, indicate that and request appointment of a personal representative if needed.
Petitioner details and relationship: Name, address, phone, and relationship to the decedent (e.g., surviving spouse, child). If someone files on behalf of the spouse (e.g., attorney or guardian), state that authority.
Who will benefit: Names, ages of minor children (if any), and whether the surviving spouse resides together with children or has other dependents.
Statement of need: A clear, factual description of why immediate funds are necessary — items like rent/mortgage, utilities, food, medical care, and other basic living expenses. Quantify monthly expenses when possible.
Estate information: Summary of known estate assets and liabilities. Include values of bank accounts, real property, insurance proceeds payable to the estate, and an estimate of liquid assets available. State whether there are outstanding debts and known creditors.
Inventory or preliminary accounting (if available): If an inventory has been filed, attach or summarize it. If an inventory is not yet available, explain efforts to identify assets and a projected timeline.
Proposed amount and duration: Specify the dollar amount requested and whether you ask that it be paid as a lump sum or periodic payments. Explain how you calculated the amount (monthly needs × 12 months, or a shorter period if appropriate).
Proposed source of payment: State which estate funds the allowance should come from (e.g., estate checking account, sale of certain assets, insurance proceeds). If funds are insufficient, explain alternatives or request temporary authorization to use specific estate assets.
Notice and service statement: A statement that proper notice was or will be given to interested parties (personal representative, heirs, beneficiaries, and creditors as required). Include dates and methods of service or a proposed service plan if the estate is newly opened.
Supporting affidavits and documents: Affidavit from the petitioner or applicant verifying the facts stated in the petition; copies of bank statements, bills, lease/mortgage statements, pay stubs, medical bills, or other documents showing need; a copy of the decedent’s death certificate if available.
Proposed order: A draft court order for the judge to sign, detailing the amount, payment schedule, source of payment, and whether the allowance will be charged as a preferred claim against the estate.
Hearing request and proposed timeline: Request a hearing date and state whether you need an emergency or expedited hearing. If immediate payment is critical, explain the urgency and request a temporary or interlocutory order if local rules allow.
Filing fee and cover sheet: Include the probate court filing fee (or a request to waive if indigent) and any local forms your county requires. Attach a certificate of service or proof that other parties were served with the petition.

How the court evaluates the petition

The judge will consider:

Whether the petitioner (spouse/child) demonstrates a present need for support;
Estate liquidity and whether granting the allowance would prejudice creditors or defeat the decedent’s estate plan;
The reasonableness of the amount requested compared to actual living expenses;
Whether other sources (survivor’s own income, beneficiary-designated life insurance, or joint accounts) are available to the applicant.

Typical outcomes and consequences

The court may award a full year’s allowance, a lesser amount, or periodic payments covering part of the year.
An allowance is often treated as a preferred claim against the estate and is paid before general distribution, but the court may order repayment from the estate if circumstances change.
Granting an allowance can affect the amount remaining for creditors and other heirs, so the court balances competing interests.

Where to check Iowa law and local rules

Probate practice in Iowa is governed by the Iowa Code and local court rules. For the most authoritative guidance, refer to the Iowa Legislature and Iowa Courts resources:

Iowa Legislature home (Iowa Code and statutes): https://www.legis.iowa.gov
Iowa Judicial Branch — probate/self-help information: https://www.iowacourts.gov/for-the-public/representing-yourself/probate/

Helpful hints

Start with a clear, concise affidavit describing immediate needs and attach supporting billing statements and bank records.
Estimate living expenses conservatively and tie requested amounts to specific bills (rent, utilities, food, child care, medical).
Provide the court with a realistic plan for repayment or accounting at the end of the allowance year if estate funds are later available for distribution.
Serve the personal representative and all known heirs and beneficiaries promptly. Lack of proper notice can delay the request.
If the estate has little liquidity, explain how the allowance will not unfairly prejudice creditors or propose a limited temporary amount while assets are liquidated.
Check your county probate court website for local forms and fee schedules before filing.
Consider consulting an Iowa probate attorney for help preparing the petition and representing you at a hearing. If you cannot afford an attorney, check for legal aid resources in Iowa through the Iowa Legal Aid site or local bar referral services.

If you want, I can draft a sample year’s allowance petition checklist or a short template you can adapt for your county court filing.