Filing for a Year’s Allowance in Louisiana: What to Include

Disclaimer: I am not a lawyer. This is educational information, not legal advice. For advice about your specific situation, consult a licensed Louisiana attorney.

Detailed answer — What Louisiana law says and what to file

Many states use the term “year’s allowance” (a short-term support award to a surviving spouse and minor children while an estate is administered). Louisiana’s succession law achieves the same practical result through a combination of rules about family allowances, spousal usufruct, and succession procedure. When you ask the court for an allowance for support while a succession (probate) is open, you are asking the court to set aside funds from the estate to cover immediate living expenses.

Louisiana doesn’t use a single universal form titled “year’s allowance” in the same way some other states do. Instead, petitions for temporary or family allowances and petitions to protect the surviving spouse’s usufruct or forced portion are filed in the succession (probate) case. The parish court where the decedent was domiciled hears those petitions. For relevant statutes and code provisions, search the Louisiana Legislature site: https://legis.la.gov/Legis/LawSearch.aspx.

What to include in a petition asking the court to set a temporary/family allowance (practical checklist)

Below is a practical, court-ready checklist. Tailor it to local parish requirements and local court form rules.

• Caption and case information
  • Name of the court (Parish/Division).
  • Estate caption (Estate of [Decedent Name], No. [if known]).
  • Name and contact information of the petitioner (surviving spouse, heir, or executor).
• Clear statement of the request
  • Exactly what you ask the court to order (e.g., temporary family allowance of $X per month or a lump-sum allowance to cover living expenses for one year).
  • Whether the request is emergency or routine and whether you seek immediate interim relief pending a full hearing.
• Identification and background facts
  • Decedent’s full name, date of death, and last domicile/parish.
  • Petitioner’s relationship to the decedent (spouse, child, legatee, etc.).
  • List of known heirs/legatees and their addresses (if known).
• Basis and legal grounds
  • Explain statutory or equitable grounds for the request (request for family/temporary allowance in succession proceedings; reference Louisiana succession concepts such as spousal usufruct or forced heirship if applicable).
  • If emergency relief is requested, explain the immediate financial need and why delay would cause hardship.
• Financial statement and justification
  • Detailed monthly income and expenses for the petitioner (rent/mortgage, utilities, food, medical, childcare, transportation).
  • Assets of the estate known to petitioner (cash, bank accounts, real property, personal property) and any debts or funeral expenses.
  • Specific amount requested and a calculation showing how that amount was reached (monthly need × months or lump-sum figure and explanation).
• Supporting documents (attach these)
  • Death certificate for the decedent.
  • Marriage certificate if petitioner is surviving spouse; birth certificates for minor children (to prove dependency).
  • Bank statements, pay stubs, Social Security award letters, or other proof of income for petitioner.
  • Statements or documentation of estate assets known to petitioner (recent account statements, titles, deeds, life insurance policies payable to estate).
  • Receipts or invoices for funeral and burial expenses (shows estate liabilities and immediate needs).
  • Proposed order for the judge to sign (clear, short draft order describing the relief sought and length of award).
• Service and notice
  • State how you will serve or have served notice on other heirs, creditors, executor/administrator (attach proof of service when available).
  • Identify any parties you ask the court to excuse from notice (if emergency relief is sought, courts still generally require prompt notice to heirs).
• Request for hearing
  • Ask the court to set the matter for hearing and provide available dates if required by local rules.
• Verification and signature
  • Affidavit or sworn statement from petitioner verifying the facts and financial statements.
  • Signature, printed name, address, telephone, and, if represented, the attorney’s contact information and bar number.

Filing, venue, and timing

File the petition in the succession proceeding in the parish where the decedent was domiciled at death. If no succession is open, file a petition to open succession and include the family-allowance request in that filing or file a separate, early motion for temporary family support so the surviving spouse/children have immediate assistance. If the need is urgent, label the filing as an emergency motion and ask the clerk to set an expedited hearing.

Possible court outcomes

• Court grants a temporary allowance (monthly payments or lump sum) secured against estate assets.
• Court denies or reduces the amount requested if the estate cannot support it or if other heirs successfully object.
• Court conditions the allowance on an accounting or bond if the award will be paid by a third party handling estate assets (e.g., interim executor).

Where to look in Louisiana law

Louisiana succession and family allowance concepts are set out in the Louisiana Civil Code and relevant succession procedure rules. For official text and statute search use the Louisiana Legislature site: https://legis.la.gov/Legis/LawSearch.aspx. Search terms that can help: “succession,” “family allowance,” “usufruct,” and “succession administration.”

Helpful Hints

• Begin collecting proof immediately (death certificate, marriage/birth certificates, bank statements, and bills). Courts rely heavily on documentation.
• File for emergency relief if you have no funds for basic needs — judges can order short-term payments quickly in urgent cases.
• Provide a clear, reasonable dollar amount and a short budget that shows how the amount was calculated.
• Give good notice to known heirs and the appointed personal representative. Failing to notify can delay or undo relief later.
• If an executor/administrator has already been named, coordinate with that person; the court may require the executor to pay the allowance from estate assets.
• Keep copies of everything filed and served. Get a certified copy of any court order for use with banks and benefit providers.
• If you face a contested petition from other heirs, consider consulting a succession attorney to protect your rights and create a litigation strategy.
• Local parish clerks or the succession court’s website often have local forms or filing instructions — check before filing.

When to consult a lawyer

Hire a Louisiana succession attorney if the estate is complex (real estate, business interests, contested heirs, or unclear wills). An attorney can draft the petition, certify proper notice, and represent you at the hearing. Even if you proceed pro se, a brief consult can help you avoid procedural mistakes that cause delay.

For more information about Louisiana statutes and succession practice, use the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx.