Detailed Answer: What to include when you file a year’s (family) allowance petition in New Jersey

Short explanation: In New Jersey a “year’s allowance” is commonly called a family allowance. It is a short‑term payment the Surrogate’s Court can order from a decedent’s estate to support the surviving spouse, minor children, or other dependents while the estate is being settled. The Surrogate’s Court in the county where the decedent lived handles these petitions.

Who may file

The usual petitioners are the decedent’s surviving spouse, minor children, or other dependents who relied on the decedent for support. In some situations, an executor/administrator or another interested person may file on behalf of an eligible person.

Where to file

File the petition in the Surrogate’s Court for the county where the decedent was domiciled at death. For court contact and local filing rules, start at the New Jersey Courts Surrogate page: https://www.njcourts.gov/courts/surrogate.html. For statutory background on estate administration and family allowances, see the New Jersey statutes on Estates and Trusts (Title 3B): https://www.njleg.state.nj.us/lawsstatutes.asp.

Core documents and information to include with the petition

Prepare a clear, organized packet. Include copies unless the court asks for originals:

• Petition or verified complaint for a family (year’s) allowance. Use the Surrogate’s Court local form if available, or draft a petition that identifies the decedent, the petitioner, the relationship, and the exact relief requested (amount and duration — usually for one year).
• Certified or uncertified copy of the death certificate. If you cannot immediately obtain a certified copy, include whatever proof of death is available and indicate you will file the certified certificate when it arrives.
• Proof of relationship to the decedent. Marriage certificate (for spouse) and birth certificates or guardianship documents (for children). If another dependent, explain the dependency and attach supporting evidence.
• Executor/administrator information or will (if known). If a will has been filed or a personal representative already appointed, include a copy of the will and letters testamentary/letters of administration or indicate the status of probate/administration.
• Estate inventory or preliminary statement of assets. List major assets (cash, bank accounts, real property, life insurance proceeds payable to the estate, retirement plans payable to the estate). This helps the court decide the estate’s ability to pay a family allowance.
• Itemized statement of the petitioner’s living expenses and income. Monthly housing, utilities, food, transportation, medical needs, child care, and any other necessary expenses. Also show other income or benefits (Social Security, pensions, survivor benefits) and whether the petitioner is working or able to work.
• Bank statements, pay stubs, or benefit award letters. Recent statements that verify the petitioner’s financial situation and the estate’s available funds.
• Any pending bills or emergency expenses. If you seek an immediate or interim allowance for urgent needs, attach invoices or notices (rent due, medical bills, utilities shut‑off notices).
• List of known heirs and interested parties. Give names and last known addresses of the executor/administrator, beneficiaries under the will, next of kin, and any creditors who might be affected. The court typically requires service on interested parties.
• Proposed order. A draft order the court can sign specifying the allowance amount, payment schedule (lump sum or periodic), and the source of payment (estate funds, identified account). Be clear whether the allowance should be charged against the estate and for how long (commonly one year).
• Affidavits or declarations. If you rely on facts that need proof (e.g., inability to work due to illness), include sworn statements or supporting documentation.

Filing, service, and notice

When you file, the court clerk will tell you the filing fee and whether additional copies are required. New Jersey Surrogate’s Courts usually require that the petitioner serve a copy of the petition and notice of the hearing on the personal representative (if one exists), all heirs and beneficiaries, and other interested parties. Be prepared to provide proof of service to the court.

What the court will consider

The Surrogate will balance the petitioner’s reasonable needs against the size and liquidity of the estate. The court aims to provide temporary support while protecting legitimate claims of creditors and beneficiaries. The judge may approve the full amount requested, a reduced amount, deny the request, or set a temporary interim allowance pending a full hearing.

Timing and practical tips

• Ask for an interim or emergency allowance if immediate needs exist; courts can act quickly when immediate support is necessary.
• Gather documentation before filing so the court can rule without multiple continuances.
• Expect a hearing in which the petitioner or counsel may need to testify and respond to questions about the petitioner’s finances and estate assets.

When to consult an attorney

Consider talking to a lawyer if: the estate is complex; there are disputes among heirs; the requested allowance is large relative to the estate; an executor opposes payment; or you need help drafting the petition and organizing exhibits. The Surrogate’s Court can provide forms and procedural guidance, but a lawyer can advise on strategy and representation at hearing.

Useful official resources

• New Jersey Courts — Surrogate Courts: https://www.njcourts.gov/courts/surrogate.html
• New Jersey Legislature — Laws and Statutes (Title 3B, Estates & Trusts): https://www.njleg.state.nj.us/lawsstatutes.asp

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.

Helpful Hints

• Start by calling the local Surrogate’s Office to confirm required forms, fees, and filing procedures in that county.
• Bring originals of key documents to your filing appointment, but file copies unless originals are requested.
• Be specific about the amount requested. Provide a monthly budget and show how the requested allowance will be used over one year.
• If you need money right away, ask the court for an interim or emergency allowance and attach proof of urgent expenses.
• Make a complete service list of heirs, beneficiaries, and the personal representative; the court will require proof everyone got notice.
• Keep a simple, organized exhibit binder (death certificate, relationship proof, income/expense docs, estate inventory) to take to the hearing.
• Document any benefits the petitioner receives (Social Security survivors benefits, life insurance payable outside the estate), since these affect the amount a court may award.
• If parties disagree, consider mediation to resolve disputes before the hearing. Courts often look more favorably on stipulations.