Detailed answer: what a year’s allowance is and who can petition

A year’s allowance is a short-term statutory allowance from a decedent’s probate estate intended to support the surviving spouse and/or minor children while the estate administration proceeds. In Rhode Island, a surviving spouse or a parent or guardian filing on behalf of minor children may petition the probate court for this allowance. The allowance helps cover basic living expenses (housing, food, medical needs, and reasonable household expenses) for up to one year following the decedent’s death.

Where to file

File the petition in the Rhode Island probate court that has jurisdiction over the decedent’s estate—generally the probate court in the city or town where the decedent was domiciled at death. Contact your local probate court for filing procedures and any local forms.

Core contents your petition should include

When you prepare a year’s allowance petition, include the following items and information. Providing thorough documentation reduces delays and increases the chance of a favorable result.

• Court caption and case information — The probate court name, county/city, caption (estate of [Decedent’s name]), and the estate file number if letters (administration/testamentary) already issued.
• Petitioner identification — Name, address, telephone, relationship to the decedent (e.g., surviving spouse; parent of minor child), and a statement of authority to file if you represent a minor.
• Decedent information — Full name, date of death, last domicile, and whether a will exists. Attach a certified copy of the death certificate if available.
• Personal representative information — Name and contact information of the estate’s personal representative (executor or administrator), and whether letters have issued. If an administrator has not yet been appointed, say so.
• Statement of need — A clear, sworn statement explaining why the allowance is needed for support (examples: loss of household income, immediate housing needs, medical expenses). Give monthly expense estimates and any income sources you have.
• List of persons to be supported — Names and ages of the surviving spouse and any minor children for whom you request support. Attach birth certificates or other proof of relationship/age for minors.
• Estate assets and estimated value — A summary or initial inventory showing known estate assets and an estimate of total probate estate value. If the personal representative has filed an inventory or accounting, attach a copy.
• Supporting documents — Marriage certificate (for spouse), birth certificates (for children), the decedent’s death certificate, the will (if any), letters testamentary or of administration (if issued), bank statements or pay stubs demonstrating monthly income and expenses, lease or mortgage statements, and bills showing current obligations.
• Proposed allowance amount and duration — State the monthly amount you request and the total requested for the one-year period (or portion thereof). Explain how you calculated the figure and why it is reasonable.
• Notice and service information — A statement describing how you will give notice to the personal representative and other interested parties (heirs, beneficiaries, creditors). Courts typically require notice and an opportunity to be heard.
• Verification and proposed order — The petition should be verified (signed under oath) and include a proposed court order for the judge to sign if the petition is granted.

What to expect after you file

After filing, the court will set a hearing and require notice to the personal representative and interested persons. At the hearing, the judge will consider the petitioner’s needs, the estate’s available assets, and objections from interested parties. The judge may grant the requested allowance in full, grant a lesser amount, or deny it. If allowed, the court’s order will instruct the personal representative how and when to pay the allowance from estate assets.

Timing and practical points

File as soon as possible. A year’s allowance is intended for immediate support; delays can create hardship and reduce the judge’s willingness to award the full amount. If the estate is insolvent or insufficient to pay the allowance, the court may deny or reduce the request.

Rhode Island statutory and court resources

Rhode Island law and probate practice control how allowances are handled. For statutory language, forms, and local court rules, consult the Rhode Island General Laws and the Rhode Island Judiciary probate resources:

• Rhode Island General Laws (official site)
• Rhode Island Judiciary (probate court information and forms)

Because statutes and procedures change, check the current statutes and local probate rules or speak with a probate attorney in Rhode Island for precise statutory citations and the most up-to-date procedures.

When to get an attorney

Consider hiring a probate attorney if the estate is large, assets are complex (real estate, business interests), heirs disagree, the personal representative contests the petition, or you need help preparing evidence of need and drafting the petition and proposed order. An attorney can also help negotiate a temporary payment while the court considers the matter.

Helpful hints

• Start with the local probate court clerk—ask whether the court has a standard form for a year’s allowance petition.
• Gather documents in advance: death certificate, marriage/birth certificates, proof of monthly expenses, bank statements, and any inventory filed by the estate.
• Prepare a simple monthly budget showing income and necessary expenses; judges use this to evaluate need.
• Give prompt, proper notice to the personal representative and beneficiaries—missing notice can delay the hearing or invalidate the process.
• Be realistic and specific about the amount requested. Provide documentation for big items like mortgage, rent, medical bills, and childcare.
• If the personal representative is uncooperative, document communications and file a motion with the court—don’t withhold emergency needs without court approval.
• Keep copies of everything you file and receive from the court. Track deadlines for responses and hearings.
• Ask the court clerk about filing fees and whether you qualify for a fee waiver if you cannot pay.