Detailed Answer — What a Year’s Allowance Petition Must Contain

Under Tennessee probate practice, a year’s allowance (sometimes called a family allowance) is a short-term allowance paid from an estate to provide support to a surviving spouse and minor children while the estate administration proceeds. When you prepare a petition to request a year’s allowance, include the following elements so the court and interested parties can evaluate the request quickly and fairly.

1. Case and Court Information
   • Name of the probate court where the estate is being administered (county probate court or clerk of court).
   • Estate case caption: full name of the decedent and the estate docket or case number (if assigned).
2. Identifying Information
   • Your full name, address, phone number, and relationship to the decedent (for example, surviving spouse or guardian of minor children).
   • Name and contact information for the personal representative (executor/administrator) of the estate, if one is appointed.
3. Decedent Facts
   • Decedent’s full name and date of death.
   • Brief statement about whether probate has been opened and whether an executor/administrator has been appointed.
4. Who Is Claiming the Allowance and Why
   • Identify each person asking for an allowance (surviving spouse, each minor child), their relationship to the decedent, and each child’s age.
   • Explain the need for immediate support — e.g., no other sufficient income, pending distribution of estate assets, or urgent living expenses.
5. Amount Requested and Basis for Calculation
   • State the total amount of the year’s allowance requested and, if possible, break it down (monthly amount or categories such as housing, utilities, food, medical, child care).
   • Explain how you calculated the amount — include current living costs, obligations, and any reasonable estimates tied to the family’s needs.
6. Estate Asset Summary
   • Provide a brief inventory or summary of the estate’s known assets and available cash (for example, bank accounts, life insurance payable to the estate, real property, and personal property).
   • If available, attach the estate inventory or preliminary list of assets prepared by the personal representative.
7. Existing Income and Separate Resources
   • State whether the surviving spouse or claimants have other income, pensions, social security, or separate property that could meet living needs.
   • Explain whether any life insurance proceeds, joint accounts, or nonprobate transfers are available to the claimant(s).
8. Supporting Evidence
   • Attach supporting documents such as marriage certificate, birth certificates for children, the decedent’s death certificate, recent pay stubs or benefit statements, copies of bills or lease statements, and the preliminary estate inventory if available.
   • Include affidavits if you want to certify facts such as need and income under oath.
9. Requested Relief and Proposed Order
   • Clearly state the specific relief you request — the dollar amount of the year’s allowance and the time period.
   • Include a proposed order the judge can sign that directs the personal representative to pay the allowance from estate funds, and specify whether the allowance should be paid as a lump sum or periodic payments.
10. Notice and Service
    • Explain how you will provide notice to interested parties (personal representative, heirs, creditors). Most courts require that all interested parties receive notice of the petition and the hearing date.
    • Attach a certificate of service or proposed notice form to show who was notified or who will be notified.
11. Hearing Request and Timing
    • Request a hearing date if required by local practice. If the need is urgent, ask the court for an expedited or temporary allowance pending a full hearing.
12. Signature and Verification
    • Sign the petition and include a verification or sworn statement that the facts in the petition are true to the best of your knowledge.

Tip: Different Tennessee counties may have local probate forms or local rules that affect how a petition should be presented. Check the local probate court’s website or call the clerk’s office to confirm formatting, required forms, and filing fees.

For general Tennessee probate law information, consult the Tennessee Code provisions governing probate and estate administration (Title 30 of the Tennessee Code) on the Tennessee General Assembly website: https://www.capitol.tn.gov/. For court procedures and local probate resources, see the Tennessee Courts website: https://www.tncourts.gov/.

Helpful Hints — Practical Checklist Before Filing

• Prepare a one-page summary of the petitioner’s financial needs to hand to the judge at the hearing.
• Collect and attach proofs: marriage certificate, children’s birth certificates, decedent’s death certificate, recent bank statements, and proof of monthly bills.
• Ask the personal representative for the estate inventory early — it helps the court decide how much can reasonably be paid.
• Request a temporary or emergency allowance if immediate funds are needed for shelter, food, or medical care while the estate is being administered.
• Serve all interested parties promptly and keep copies of the certificates of service to file with the clerk.
• Consider asking the court for periodic payments (e.g., monthly) rather than a lump sum when the estate’s liquidity is uncertain.
• If the surviving spouse receives separate income (like Social Security or a pension), disclose it — the court will consider it when setting the allowance.
• If you expect disputes with heirs or creditors, consult a Tennessee probate attorney early — contested allowance hearings can become complex.