Detailed answer

Under Mississippi probate law, a year’s allowance provides short‑term support for the surviving spouse and minor children (and sometimes other dependents) while the estate is administered. The allowance is paid from estate assets before final distribution. To give the court what it needs to act, a petition for a year’s allowance should state the petitioner’s relationship to the decedent, explain the financial need, and present verified documentation about the estate’s assets and liabilities.

Who may file

Typically a surviving spouse or a conservator/guardian for minor children may file. An executor or administrator may also file on behalf of dependents. If someone other than the spouse or children files, the petition must explain the filer’s authority to act.

When to file

File the petition as soon as possible after you learn of the death and before the estate is fully distributed. The court can act on an emergency or temporary basis if immediate support is required.

What to include in the petition

Make your petition clear, factual, and supported by documents. At a minimum include:

• Caption and case information: Name of the decedent, probate cause number (if assigned), name of the court (County Chancery or County Probate Court as applicable), and names of personal representative/executor or administrator.
• Petitioner identification: Full name, address, phone number, relationship to decedent (e.g., surviving spouse, mother of minor child), and whether the petitioner is seeking individually or as representative.
• Statement of authority: If the petitioner files in an official capacity (executor, guardian, conservator), cite or attach letters testamentary/letters of administration or other proof of appointment.
• Death and family facts: Date of death, copies of the death certificate, marriage license (for spouse), and birth certificates or guardianship documents for minor children.
• Need and circumstances: A concise factual statement of the petitioner’s living expenses and immediate needs (housing, food, utilities, medical costs, childcare). Explain why existing assets or income are insufficient.
• Estate inventory summary: A short, verified list of the estate’s known assets and their approximate values (bank accounts, real property, personal property, life insurance payable to the estate). If an inventory has been filed, cite or attach it.
• Claims and creditor information: Brief statement about known secured debts, other claims against the estate, and whether the estate has cash on hand. If administration is pending, indicate whether claims have been filed.
• Requested amount and duration: State the dollar amount requested for the allowance (total or monthly) and ask that it be allowed for the statutory period (the traditional ‘‘year’’ or court‑directed period). Explain how the amount was calculated (budget or itemized list of monthly needs).
• Supporting affidavits: Affidavits from the petitioner verifying the facts and, when helpful, affidavits from the personal representative about estate liquidity. Attach any supporting bills, bank statements, rent receipts, or medical invoices.
• Service and notice plan: State that you will serve the petition on the personal representative/executor, all heirs, and known creditors, or attach a certificate of service if notice already occurred.
• Proposed order: Include a proposed order the judge can sign describing the allowance amount, payment source, payment schedule, and duration.

How the court usually decides

The court balances the need of the surviving spouse/children and the estate’s ability to pay. The judge considers the size of the estate, outstanding administration costs and secured claims, and the reasonableness of the requested allowance. The allowance is generally payable from estate assets and is given priority to provide immediate support.

Practical tips on amounts and timing

Ask only for reasonable support based on documented needs—housing, food, utilities, and necessary medical care. Courts are more likely to grant a modest monthly amount or a lump sum for immediate needs than an excessive demand. If the estate lacks liquidity, request interim or partial payments so dependents receive help without jeopardizing estate administration.

Where to file and service

File the petition in the probate court handling the decedent’s estate (county probate or chancery court, depending on local practice). Serve the petition on the personal representative and all interested persons according to Mississippi probate procedure. Local court clerks can tell you required filing fees and service rules.

Statutory authority and further reading

Mississippi’s probate statutes govern estate administration and allowances. For the statutory framework for estate administration and allowances, see Mississippi Code, Title 91 (Decedents’ Estates). You can review the code and related probate rules at the Mississippi Legislature website: https://www.legislature.ms.gov/Pages/statutes.aspx. Consult the local county probate or chancery court for filing forms and local practice.

When to consult an attorney

If the estate is complex, the personal representative resists payment, heirs dispute the request, or the estate lacks funds, consult a probate attorney. An attorney can prepare a strong, properly‑drafted petition, handle contested hearings, and protect your legal rights during administration.

Helpful Hints

• Start with clear documentation: death certificate, marriage/birth records, and a simple household budget.
• Include a short, itemized monthly budget showing how you computed the requested amount.
• Attach a copy of any estate inventory or an estimated asset list to show the court the estate’s liquidity.
• Always attach a proposed order to speed the judge’s review and reduce back‑and‑forth.
• Serve the petition on the personal representative and all heirs promptly and file proof of service with the court.
• If you need immediate support, ask the court for a temporary or emergency allowance and show urgent need (eviction notices, unpaid medical bills, etc.).
• Keep records of all payments made from the allowance—these will be important in final accounting.
• Check with the local probate clerk for required forms, filing fees, and whether your county uses chancellors or probate judges for estate matters.
• If the estate is small or you expect litigation, speak with a probate attorney early to avoid delays and protect priority claims.