Detailed answer — what a year’s allowance is and the core items your petition must include

In Massachusetts a “year’s allowance” (often called a family allowance or allowance for support) is a short-term court-ordered payment from a decedent’s estate to help support the surviving spouse and minor children during administration of the estate. The Probate and Family Court decides whether to grant an allowance, how much is reasonable, and from what estate assets the allowance will be paid.

When you prepare a petition asking the Probate and Family Court for a year’s allowance you should include clear, factual information so the judge can decide quickly. At a minimum the petition should contain:

• Case and petitioner identification — Your full name, address, phone, email (if any), and your relationship to the decedent (surviving spouse, child, etc.).
• Decedent information — The decedent’s full name, date of death, last residence (city/town in Massachusetts), and the probate docket number if a probate case has already been opened.
• Jurisdiction and filing request — A clear statement that you are requesting a year’s allowance under Massachusetts probate law and asking the court to enter an order for a specific dollar amount or monthly amount for the petitioner(s).
• Relationship and family status — Who is eligible (surviving spouse, children under 18 or otherwise dependent children). Include names and ages of minor children and any other dependents for whom you seek support.
• Statement of need — A concise explanation of the financial need: monthly household expenses (housing, food, utilities, medical, childcare), income available to the petitioner(s), and why immediate support from the estate is required pending administration and distribution.
• Estate assets and liquidity — A summary of known estate assets (cash, bank accounts, personal property, real estate) and a statement about whether an executor/administrator has been appointed. If the estate appears to lack liquid assets, explain why a year’s allowance is necessary.
• Amount requested and basis — The total amount requested for the year (or a monthly amount), with a simple budget or calculations showing how you arrived at that figure (e.g., monthly expenses × 12). If you request payment from a particular account or asset first, say so.
• Supporting documents — Attach or reference documents that verify your claims (death certificate, marriage certificate, birth certificates for children, recent pay stubs or proof of other income, bank statements or an estate inventory if available, and a proposed budget). Also include any probate court forms required by your local Probate and Family Court.
• Notice and service information — A statement that the executor, administrator, or any appointed personal representative, and known heirs/beneficiaries will be notified and how you will effect service. Identify the personal representative if already appointed.
• Suggested order and hearing request — A proposed order for the judge to sign and a request for a prompt hearing (if you need a temporary or emergency allowance, say so and request a temporary order while the full petition is decided).
• Signature and verification — Your signature and a sworn verification or affidavit that the facts in the petition are true to the best of your knowledge.

Practical notes about statutory authority and where to file: probate matters in Massachusetts are handled by the Probate and Family Court in the county where the decedent lived. For background on probate procedures and statutes, see the Probate and Family Court information on the Massachusetts government website: mass.gov — Probate and Family Court. Relevant Massachusetts statutes governing probate, descent and distribution, and allowances are codified in the General Laws; see the chapter on descents and distributions for statutory context: M.G.L. Chapter 190 — Descents and Distributions.

How the court decides

The judge will consider:

• the need of the surviving spouse and dependents;
• the size and liquidity of the estate;
• the likely claims of creditors and other heirs;
• any existing income or resources available to the petitioner; and
• whether granting the allowance would prejudice valid creditor claims or legitimate estate administration.

Timing and emergency requests

A petition for a year’s allowance should be filed as soon as possible after death and/or after a probate case is opened. If the surviving spouse or child has an immediate need (no income, eviction notice, unpaid medical bills), ask the court for an emergency or temporary allowance and explain the urgent circumstances in your petition. The court can enter an interim order while it schedules a full hearing.

Hypothetical example

Example: Mary is the surviving spouse of John, who died owning $10,000 in bank accounts, a car, and a house subject to a mortgage. Mary has two minor children, no current job, and monthly expenses of $2,000. Mary files a petition listing the decedent, the probate docket number, the children’s names and ages, copies of the death and marriage certificates, a 12-month budget asking for $18,000 (9 months of support at $2,000 while she looks for work), and copies of bank statements. She requests an emergency hearing. The court reviews Mary’s need, the estate liquidity, and the mortgage situation, then may grant a limited year’s allowance payable from estate funds or by deferring certain distributions to heirs.

Note: Massachusetts law and local court practice can affect exact form requirements and allowable amounts. Always confirm current form names, filing fees, and local rules with your regional Probate and Family Court clerk or their website.

Helpful Hints

• Gather documents first: death certificate, marriage certificate, children’s birth certificates, recent bank statements, pay stubs, and any estate inventory.
• Prepare a simple budget showing monthly expenses and any income you expect during the year.
• File early. If you need money immediately, request a temporary or emergency allowance and explain the urgency in the petition.
• Serve the petition on the executor/administrator and known heirs; the court may require proof of service.
• Bring evidence of the estate’s assets and any pending creditor claims to the hearing.
• Ask the court clerk for the local form for a family allowance or year’s allowance—using the correct form speeds processing.
• Consider getting help from an attorney experienced in Probate and Family Court practice—especially if the estate is complex, contested, or has limited liquidity.
• Keep copies of everything you file and a written timeline of when documents were delivered or served.
• Review the Probate and Family Court local rules and any online filing instructions for your county at mass.gov: Probate and Family Court.