What to Include When You File a Year’s Allowance (Family Allowance) Petition in Maine

Short answer: When you file a petition for a year’s allowance (sometimes called a family allowance) in Maine probate court, include clear identification of the decedent and petitioner, the petitioner’s relationship and need, documentation of the estate and its assets, the specific allowance requested and why, copies of key estate documents, and proper notice to interested parties. Below is a plain-language checklist and an explanation of each item to help you prepare a complete filing.

Disclaimer

This article is educational only and is not legal advice. Consult a licensed Maine attorney for advice about a specific case or to prepare court filings.

Detailed answer — what to include and why

In Maine, probate courts may allow a surviving spouse, minor children, or other dependents a priority distribution from the decedent’s estate to provide for basic support. When you prepare a petition for a year’s allowance, your petition should make it easy for the judge and other interested persons to understand who you are, why you qualify, what you are asking for, and how payment will affect the estate.

1. Identifying information

• Full name of the decedent and date of death.
• Probate case number if the estate has already been opened (or the county/probate court where you will file).
• Petitioner’s full name, mailing address, phone number, and relationship to the decedent (surviving spouse, child, dependent).

2. Basis for the petition — who is eligible and why

• A short statement of who qualifies under Maine law (for example, surviving spouse and minor children are typical beneficiaries of a family allowance).
• Documentation of relationship: marriage certificate for a spouse; birth certificates or other proof of parent/child relationship for children; evidence of dependency for other dependents (e.g., proof of financial reliance on the decedent).

3. Requested amount and supporting explanation

• State the dollar amount you request and whether you request payment from estate personal property, from non-exempt assets, or by priority out of distributions.
• Provide a short budget or affidavit explaining your reasonable monthly expenses and why the allowance amount is necessary for support.
• If you seek a statutory fixed amount, say so and cite the legal basis, or if you request a reasonable amount based on needs, explain and document those needs.

4. Inventory of estate assets and liabilities

• A current inventory or summary of the estate’s assets (bank accounts, personal property, real property, life insurance payable to the estate, retirement accounts payable to the estate, etc.).
• A statement of debts, liens, and likely administration expenses so the court can evaluate the estate’s ability to pay a family allowance.

5. Copies of supporting estate documents

• Copy of the decedent’s will (if one exists).
• Death certificate.
• If an estate administration is open, a copy of the appointment order for the personal representative (executor/administrator) or a note whether one is being appointed.

6. Notice and service information

• State who you gave notice to and how (personal representative, heirs, beneficiaries, creditors as required by court rules).
• Attach proof of service or a certificate of mailing so the court knows interested parties had an opportunity to respond.

7. Proposed order and timing

• A proposed order the judge can sign granting the allowance (include the exact dollar amount requested and the source of payment from the estate).
• Information about any requested hearing date or whether you request the petition be decided on the papers.

8. Affidavits and evidence

• Affidavit or sworn statement from the petitioner explaining facts: financial need, dependency, living arrangements, and any immediate urgent expenses.
• Attach relevant bills, pay stubs, bank statements, or invoices that support the need for funds.

9. Filing fee and clerk requirements

• Include payment of the required filing fee or an application to proceed in forma pauperis if you cannot afford fees.
• Follow local probate clerk instructions on how many copies to file and whether electronic filing is available.

Procedural and practical tips

Below are procedural notes that often apply in Maine probate cases. Confirm local rules with the probate court clerk or an attorney.

• File the petition early. Some allowances have deadlines or are simpler to obtain when filed soon after the estate opens.
• Give full notice to all heirs and interested persons. Failure to notify can delay the petition and lead to objections.
• If the personal representative opposes the allowance, be prepared for a hearing. Bring documentary proof of need and relationship.
• Be specific about how the requested funds will be used (housing, utilities, medical expenses, child support) — courts favor narrowly tailored requests tied to essential support.

What happens after you file

• The court will review the petition and may set a hearing. Interested parties can object.
• If the court grants an allowance, the order will specify the amount and how it must be paid (lump-sum from estate funds, payments from the personal representative, or priority against distributions).
• If the court denies or reduces the request, you may be able to appeal or seek reconsideration depending on local rules and the facts.

Where to find Maine forms and statutes

• Maine Judicial Branch — probate court information and self-help estate resources: https://www.courts.maine.gov/courts/probate/
• Maine Judicial Branch — self-service probate/estate forms and guides: https://www.courts.maine.gov/selfsc/estate/
• Maine Revised Statutes (search titles and sections): https://legislature.maine.gov/statutes/ — look under the Probate & Fiduciaries (Title 18-A) provisions for family allowances and estate administration rules.

Helpful Hints

• Start by contacting the probate court clerk in the county where the decedent lived. Clerks often provide local filing checklists and confirm required copies and fees.
• Gather proof of relationship and financial need before you prepare the petition — this reduces back-and-forth and speeds a hearing.
• If the estate has limited liquid assets, ask the court for priority payment or a small interim allowance while administration continues.
• Keep a clear, conservative budget for the allowance request; courts prefer factual, modest requests tied to essential support needs.
• Consider hiring a probate attorney if the estate is complex, if other heirs likely will object, or if quick access to funds is critical.
• Document all communications with the personal representative and interested parties; attach relevant correspondence to the petition when helpful.

If you want, I can draft a simple checklist or a sample petition outline you can adapt for Maine probate court filings. Tell me the probate county (if known) and basic facts and I’ll prepare a template.