Detailed Answer
Understanding the Year’s Allowance in Massachusetts
Under Massachusetts law, a “year’s allowance”—also called a family allowance—provides a surviving spouse or minor children with funds for maintenance and support during estate administration. This allowance is governed by Mass. Gen. Laws ch. 190B, § 2-403. It allows up to $18,000 (higher limits if there is a disabled child) to be paid in periodic installments from the decedent’s estate.
Inventory Requirement
The personal representative (executor or administrator) of the estate must file a full inventory and appraisal of all estate assets, including real and personal property, with the Probate and Family Court within 90 days of appointment. See Mass. Gen. Laws ch. 190B, § 3-707. That inventory lists every item of personal property—furniture, vehicles, securities, bank accounts, jewelry, collectibles, and so on—and assigns a fair market value to each.
Claiming the Year’s Allowance
The surviving spouse or guardian of minor children petitions the Probate Court for the family allowance. The petition form requires information about the petitioner’s need for support and may request a copy of the estate inventory. You, as the claimant, do not separately prepare a list of personal property assets; the court relies on the personal representative’s inventory. If the court or personal representative needs additional clarity on household items or personal effects, they will request further detail.
Do You Have to List Personal Property?
No. When you petition for the year’s allowance, you do not personally list every piece of personal property. That task falls to the personal representative, who must file the complete estate inventory. Your petition should include reasonable information about your financial needs but not a separate asset-by-asset breakdown.
Key Statutes
- Family Allowance: Mass. Gen. Laws ch. 190B, § 2-403
- Inventory and Appraisal: Mass. Gen. Laws ch. 190B, § 3-707
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney in Massachusetts.
Helpful Hints
- Partner with the personal representative early to understand which assets are on the estate inventory.
- File your family allowance petition within 90 days of the personal representative’s appointment to avoid delays.
- Keep records of your living expenses to support the amount you request.
- Review the inventory for accuracy; notify the court of missing or undervalued items.
- Consult probate court staff or an attorney if you have questions about completing your petition.