Filing a Year’s Allowance Petition in Missouri: What to Include

Overview: A year’s allowance (sometimes called a family or support allowance) is a petition a surviving spouse or dependent minor children may file to obtain money from a decedent’s probate estate for immediate support. In Missouri, these requests are handled in the probate court where the decedent’s estate is being administered. This article explains what to include in the petition so the court can act quickly and fairly.

Detailed Answer

Below is a practical, court-ready checklist of items and information you should include when you file a year’s allowance petition in Missouri. Tailor each item to the facts of your case and attach copies of supporting documents.

1. Court heading and case info
   • Name of the probate court and county.
   • Probate case number (if the estate has already been opened). If you do not yet have a case number, indicate that you are filing with the court where the decedent lived.
   • Caption listing the estate (e.g., In the Estate of [Decedent’s Name], Deceased).
2. Petitioner identification
   • Your full name, address, telephone, and relationship to the decedent (surviving spouse, guardian for minor children, etc.).
   • If an attorney files on your behalf, include the attorney’s name, bar number, and contact information.
3. Decedent identification
   • Decedent’s full name, date of death, last known address, and any social security or probate identifiers used by the court (if known).
   • Attach a certified copy of the decedent’s death certificate.
4. Statement of legal basis and request
   • State that you request a year’s allowance under Missouri probate law and cite the probate authority (see Missouri Revised Statutes, probate provisions: RSMo Chapter 474 (Probate)).
   • Specify whether you seek a full year’s allowance, a partial allowance, or a temporary/interim allowance pending the final hearing.
5. Statement of need and circumstances
   • Explain your current financial situation and need for support. Include details such as monthly income (if any), monthly expenses (rent/mortgage, utilities, food, medical costs, childcare), and any unusual immediate expenses.
   • Describe whether you have access to other funds (life insurance proceeds, joint accounts, nonprobate transfers) and why those funds are not sufficient for immediate support.
6. Detail of dependents
   • List all dependents for whom you seek support (spouse and/or each minor child). For each child include full name, date of birth, and current living arrangement.
   • Attach birth certificates, marriage certificate (for spouse), or other documents proving family relationship.
7. Proposed amount and computation
   • State the dollar amount you ask the court to allow for the year (or an interim monthly amount). Explain your calculation: list monthly needs multiplied by 12 (or monthly interim need) and any one-time costs included.
   • Clearly explain whether you seek payment as a lump sum or periodic payments from income or sale of assets.
8. Inventory and estate information
   • Provide a current inventory or summary of the estate’s known assets and approximate values (personal property, bank accounts, insurance payable to the estate, real property subject to probate).
   • List known debts and encumbrances, and whether an executor or administrator has been appointed. If a personal representative exists, identify that person and provide contact information.
9. Supporting documents and evidence
   • Death certificate, marriage certificate, children’s birth certificates.
   • Recent bank statements, pay stubs, bills, lease or mortgage statement to demonstrate expenses and income.
   • Copies of the estate inventory, letters testamentary or letters of administration (if issued), and any communications with the personal representative about interim support.
10. Proposed order and relief
    • Attach a proposed written order for the judge to sign that grants the allowance in the amount you requested and states the source of payment (estate personal property, specific account, or other designated fund).
    • If you seek priority or protection for the allowance, state that in the proposed order.
11. Notices and service information
    • Identify all interested parties who must receive notice (personal representative, heirs, beneficiaries, creditors’ representative if applicable).
    • State that you will serve or have served the petition and proposed order on those parties and include a proposed method and proof of service page.
12. Verification, signature, and filing details
    • Sign the petition and include a verification (sworn statement) that the facts are true to the best of your knowledge.
    • Include a certificate of service saying when and how you served the petition on interested parties.

Where to file and immediate steps

File the petition in the probate court of the county where the decedent resided at the time of death. If the estate is already open, file it in that probate case. After filing, promptly serve the personal representative and all known heirs and beneficiaries so the court can schedule a hearing. If you need money immediately, request a temporary or emergency allowance in the petition and explain the urgency to the court.

Missouri law and priority

Missouri statutes and probate practice govern how allowances are handled and prioritized against other claims. Consult the probate statutes for detailed rules and priorities: Missouri Revised Statutes, Chapter 474 (Probate). The court has discretion to decide amounts and payment timing based on the decedent’s estate and the dependents’ needs.

Helpful Hints

• Be specific and realistic about monthly needs. Judges rely on numbers and documentation.
• Attach clear proof of relationship (marriage certificate, birth certificates) and the death certificate to avoid delays.
• If the estate already has a personal representative, speak with that person before filing. They may agree to an interim payment and avoid a contested hearing.
• Ask for a temporary allowance if you need immediate funds; provide evidence of urgent bills or upcoming expenses.
• Include a proposed order. Judges often sign proposed orders when the paperwork is complete and unopposed.
• Check your local county probate court for specific forms, filing fees, and scheduling practices. Many courts post guidance or forms online.
• Keep proof of service for every interested party. The court needs proof that everyone received notice before a final decision.
• Consider consulting a probate attorney if the estate is large, contested, or if there are disputes about priority or available assets.

Disclaimer: This information explains general Missouri probate practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Missouri probate attorney or contact the local probate court.