Detailed answer — what a New York year’s allowance petition must include

In New York, a “year’s allowance” is commonly called a family allowance. The Surrogate’s Court can order a reasonable allowance out of the decedent’s estate for the support of the surviving spouse and minor children (and other dependents in appropriate cases). The court has broad discretion to grant a reasonable amount for living expenses for up to one year while the estate is being administered. See the Surrogate’s Court Procedure Act and related statutes for the court’s authority: SCPA (Surrogate’s Court Procedure Act) and the Estates, Powers & Trusts Law generally: EPTL.

When preparing and filing a petition for a year’s allowance in New York Surrogate’s Court, include the following key elements and supporting documents so the court can evaluate need and the estate’s ability to pay:

1. Caption and case information
   • Name of the decedent, date of death (if known), and Surrogate’s Court county where the estate is or will be opened.
   • If letters testamentary or letters of administration have been issued or applied for, include the application number or letters number.
2. Petitioner identity and relationship
   • Name, address, and contact information of the petitioner (surviving spouse, child, other dependent, or personal representative acting on their behalf).
   • Clear statement of the petitioner’s relationship to the decedent (for example: surviving spouse, minor child, dependent adult child).
3. Petition request and legal basis
   • Explain that you seek a year’s allowance (family allowance) under the Surrogate’s Court’s statutory authority and the amount requested (a specified monthly or lump-sum figure covering one year).
   • State whether you request an interim (temporary) allowance pending a final hearing.
4. Detailed statement of need
   • Itemized monthly living expenses (housing, utilities, food, transportation, health care, child care, school-related costs, insurance, etc.).
   • Explain any special needs (disability, medical expenses, extraordinary educational costs).
5. Household and family information
   • Names, ages, and relationship of family members seeking support (spouse, children, other dependents).
   • Whether dependents live in the same household and their sources of income or support (if any).
6. Estate assets and anticipated income
   • Inventory or summary of known estate assets (bank accounts, real property, retirement accounts, life insurance payable to the estate, etc.).
   • Any expected income to the estate (pensions, Social Security, rents) and any claims or encumbrances the estate faces.
   • If a complete inventory is not yet available, explain steps being taken to identify assets and include the most current financial information.
7. Supporting documentary evidence
   • Death certificate or proof of the decedent’s death.
   • Proof of relationship: marriage certificate for a surviving spouse and birth certificates for minor children (or other documentation of dependency).
   • Copies of the petitioner’s pay stubs, benefit statements, bank statements, bills, and other documents that support the claimed need.
8. Proof of notice and service information
   • Affidavit or certificate showing that the petition (and a copy of the petition) has been served on the personal representative or executor, known distributees, and other interested parties consistent with Surrogate’s Court rules.
   • List the names and last known addresses of persons served or to be served.
9. Proposed order and requested timing
   • A proposed order for the judge that specifies the amount, whether it is interim or final, and how it should be paid (monthly or lump-sum out of estate funds).
   • If you request immediate relief, explain why delay would cause undue hardship and request an expedited hearing.
10. Fees, verification, and signature
    • The petition should be verified (sworn) by the petitioner or the petitioner’s attorney and include any required filing fees or a request to waive/reduce fees if applicable.

After filing, the Surrogate’s Court will set a hearing date (unless it grants an interim allowance). The court may allow all or part of the requested amount, reduce it, or deny the petition based on the estate’s assets, other claims against the estate, and the petitioner’s demonstrated need. The court balances the petitioner’s needs with the rights of creditors and other distributees.

For general statutory authority and procedures for Surrogate’s Court practice, see the SCPA. For estate rules and definitions relevant to family allowance, consult the EPTL. For local Surrogate’s Court forms and filing procedures, check your county Surrogate’s Court web pages or the New York State Unified Court System forms index: NY Courts — Surrogate’s Court forms.

Helpful hints — prepare now to make a strong petition

• Start early: file promptly after the decedent’s death. An interim allowance can cover urgent needs while the estate is being settled.
• Gather documents: death certificate, marriage and birth certificates, bank statements, pay stubs, bills, and any proof of special medical or educational expenses.
• Be specific and realistic: itemize monthly expenses and explain why existing income or savings don’t cover them.
• Identify interested parties: personal representative, known distributees, beneficiaries, and creditors must receive notice; list them in the petition and provide proof of service.
• Consider requesting an interim allowance if funds are needed before a full hearing. The court often grants temporary relief when immediate support is necessary.
• If the estate is small or assets are illiquid (e.g., real property), explain options the estate is pursuing to raise cash (sale, loan, or creditor arrangements).
• Use local Surrogate’s Court forms where available. Many counties provide sample family allowance petitions and checklists.
• Talk to an attorney experienced with Surrogate’s Court practice if the estate is contested, complicated, or if creditors may object to the requested allowance. Ask about free or low-cost legal help if cost is a concern.
• Keep records of all orders and payments. If the court awards a year’s allowance, keep receipts and documentation showing how the funds were spent in case the court requires an accounting.