Detailed Answer
This section explains what to include when you file a petition for a year’s allowance in Kansas probate court. A year’s allowance (sometimes called a “year’s support” or “family allowance”) is a short-term allowance the court may order to provide for the reasonable support and maintenance of the surviving spouse and minor children from the decedent’s estate while the estate is being administered.
Kansas law governing decedents’ estates appears in K.S.A. Chapter 59. For the statutory text and related probate provisions, see the Kansas Revisor of Statutes: K.S.A. Chapter 59 — Decedents, Estates and Fiduciaries.
Who may request a year’s allowance
Typically the surviving spouse or a parent or guardian on behalf of minor children may petition. If no one files, the personal representative (executor or administrator) or another interested person may ask the court to set an allowance to protect the family’s basic needs.
Where to file
File the petition in the probate (district) court in the county where the decedent’s estate is being administered. If no estate administration has started, file in the district court for the county where the decedent lived at death and alert the court that you are seeking a year’s allowance pending administration.
Core contents of the petition (checklist)
- Caption and case information — Court name, county, case number (if estate is already open), name of decedent, and the title “Petition for Year’s Allowance”.
- Petitioner identification — Your name, relationship to the decedent (surviving spouse, parent of minor child, personal representative, etc.), address, and contact information. State whether you are the spouse, parent, guardian, or personal representative.
- Decedent information — Full name, date of death, county of residence at death, and any probate case number or letters of administration/testamentary if already issued.
- Legal basis — A short statement that you request an allowance for support under Kansas probate law from the decedent’s estate for the surviving spouse and/or minor children. (Cite K.S.A. Chapter 59 generally.)
- Facts supporting need — Describe current living arrangements and financial need: income, assets, monthly expenses, whether the petitioner is receiving other support (Social Security, pension, payments from the estate), and why immediate support from the estate is necessary for the next year.
- List of beneficiaries and interested parties — Names and addresses of heirs, devisees, beneficiaries, and the personal representative or executor. This helps the court direct proper notice.
- Assets available for payment — A summary of estate assets you know of (bank accounts, real property, personal property) or a statement that an inventory will be filed. If an inventory exists, attach it.
- Specific dollar amount requested or a formula — Either state a specific amount for the year’s allowance (for example, an itemized 12‑month budget that totals $XX,XXX) or ask the court to order a reasonable allowance and explain how you calculated the requested amount.
- Proposed order — A draft order for the judge to sign that grants the allowance, specifying amount, how it should be paid (lump sum or periodic payments), and any priority against estate assets.
- Supporting documents — Attach copies of the death certificate, marriage certificate (if requesting as spouse), birth certificates for minor children, letters testamentary/administration (if issued), bank statements, pay stubs, or a budget showing monthly living costs. Attach any inventory the personal representative already filed.
- Certificate of service / proof of notice — A statement describing when and how you served the petition and proposed order on the personal representative and all interested parties, or a request that the court set a hearing and direct notice. Kansas rules require notice to interested persons so they can object.
- Signature and verification — Your signature and a verification (or notarized affidavit) stating that the facts in the petition are true to your knowledge.
Procedural points and timeline
After you file, the court will usually set a hearing and require notice to interested persons. The judge considers the needs of the spouse and minor children, the size and liquidity of the estate, and claims against the estate. The court can award a reasonable allowance for the year (or less) to cover necessary living expenses. Payment may come from estate cash, sale proceeds, or other estate assets, depending on the estate’s condition.
Hypothetical example
Hypothetical: Jane is the surviving spouse. The decedent left $30,000 in bank accounts and an estate administration has just started. Jane files a petition stating her monthly living expenses total $2,000 (rent, utilities, food, transportation), attaches pay stubs showing no current income, lists heirs, attaches the death certificate and letters of administration, asks the court for a $24,000 year’s allowance, and proposes the court order monthly disbursements of $2,000. The court sets a hearing, requires notice to heirs, and may grant the amount, reduce it, or order a different payment schedule depending on objections and the estate’s liquidity.
What the court will consider
- Reasonableness of the amount requested in light of the estate’s resources.
- The immediate needs of the spouse and minor children and alternative sources of support.
- How the allowance will affect other estate creditors and beneficiaries.
Because statutes and local court rules control some procedures and notice requirements, consult the district court clerk or the Kansas statutes at K.S.A. Chapter 59 for details, and consider local probate procedural rules for the county where you will file.
Disclaimer
This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Kansas probate attorney.
Helpful Hints
- Start with a clear, itemized 12‑month budget to justify the dollar amount you request.
- Attach key documents (death certificate, marriage/birth certificates, inventory, letters) to avoid delays.
- Give complete and accurate addresses for all heirs and the personal representative to satisfy notice requirements.
- Propose a specific payment method (monthly payments or lump sum) and explain why that method works for immediate needs.
- File early if the family lacks funds — courts often prioritize short-term family support even before final distributions are made.
- If beneficiaries object, be prepared to explain why the allowance is necessary and reasonable given estate assets and other available income.
- Contact the probate clerk in the county where you will file to learn local filing and hearing procedures and any required forms.
- Keep copies of all filings and proof of service; the court will require proof you notified interested parties.