Filing a year’s allowance petition in Vermont: what to include

This FAQ-style guide explains what a “year’s allowance” (sometimes called a family or statutory allowance) petition typically requires under Vermont probate practice and points you to Vermont law and court resources. This is educational only and not legal advice.

Detailed answer: what a year’s allowance is and what to include in your petition

What is a year’s allowance?

A year’s allowance is a court-ordered payment from a decedent’s estate to support the surviving spouse and minor children for a limited time after death. In Vermont this type of protection arises through the probate process and is administered by the probate court. For the governing statutory framework for probate matters, see Title 14 of the Vermont Statutes: 14 V.S.A. (Probate). For local probate procedures and forms, see the Vermont Probate Courts page: Vermont Judiciary — Probate.

Who can file?

Typically a surviving spouse or a person with custody of the decedent’s minor children can file a petition asking the probate court for a year’s allowance. The personal representative (executor/administrator) may also request allowance on behalf of the family. If you are unsure of your status, contact the probate clerk before filing.

Core items to include in the petition

When you prepare a year’s allowance petition, include the following essential elements so the court can decide quickly and fairly:

• Case caption and court information — The probate court name and file number (if the estate is already opened). If you do not know the file number, note that in the petition and ask the clerk to assign one.
• Decedent identification — Full name of the decedent, date of death, and last known address.
• Petitioner identification and relationship — Your full name, address, telephone, email (if available), and relationship to the decedent (surviving spouse, parent of minor children, or personal representative).
• Estate administration status — Whether probate has been opened, the name of the personal representative (if appointed), and the date letters were issued (if applicable).
• Legal basis for the request — A plain statement that you request a year’s allowance under Vermont probate law and mention Title 14 generally. If you know the precise statutory citation, include it; otherwise reference the probate court rules or ask the clerk for guidance.
• Who needs support and why — Identify who will receive the allowance (surviving spouse, minor children) and summarize immediate financial needs: housing, food, utilities, child care, medical expenses, and other necessary living costs.
• Amount requested and budget justification — State the total dollar amount requested (often presented as a monthly amount and the total for a year). Attach a short budget or affidavit that lists monthly expenses and shows why that amount is reasonable and necessary.
• Estate assets and cash on hand — Provide a summary of known estate assets and funds available for distribution (bank accounts, life insurance payable to the estate, real property, etc.). If a full inventory is not yet available, say so and explain when the inventory will be filed.
• Creditor/payments status — Note known debts and whether urgent creditor claims exist that could affect available cash.
• Proposed payment method — Indicate how you propose the allowance be paid (lump sum or installments) and whether the personal representative can pay from cash on hand or needs court authorization to liquidate assets.
• Service and notice — A statement that all interested parties (personal representative, heirs, creditors if required) will be served with the petition, and identify known heirs and their addresses if possible. Include a proposed plan for giving notice.
• Exhibits and supporting documents — Attach a copy of the death certificate (if available), the personal representative’s letters or appointment (if issued), the petitioner’s affidavit of need or financial declaration, pay stubs or Social Security award letters if relevant, and any letters or notices showing urgent need (eviction, utility shutoff, etc.).
• Proposed order — Courts appreciate a proposed order the judge can sign that states the allowance amount, payment schedule, and any security conditions (for example, priority against the estate or specific lien language).

Procedure tips and timing

File the petition with the probate court that is handling the decedent’s estate. If probate has not yet been opened, file in the probate district where the decedent lived. Ask the probate clerk which forms they prefer — some courts have a standardized family allowance form or checklist. Because family needs are often urgent, courts will consider allowance petitions quickly; file promptly and request expedited consideration if necessary.

How the court decides

The judge will weigh the petitioner’s demonstrated need, the estate’s liquidity, the rights of creditors and other heirs, and statutory priorities. The court may limit the allowance to what it deems reasonable and may order repayment or priority treatment depending on the estate’s ultimate distribution. If disputes arise, the court may schedule a hearing and require evidence under oath.

What happens after an allowance is granted

If the court grants a year’s allowance, the personal representative usually pays from estate funds as ordered. The allowance may take priority over certain claims and distributions, but it does not extinguish valid secured creditor claims. Keep receipts and records of how funds are used — the probate court may later review accounting from the personal representative.

Helpful Hints

• Contact the probate clerk early. Ask what local forms and filing fees (if any) apply in your probate district.
• Prepare a concise financial affidavit: monthly income, regular monthly expenses, immediate emergency needs, and any resources available outside the estate.
• Attach documentary proof where possible: death certificate, rent or mortgage statement, utility shutoff notices, medical bills, benefit statements.
• Provide clear contact information for the personal representative and known heirs so the court can confirm notice.
• Propose a reasonable amount and payment plan. Courts often prefer monthly installments or short-term lump sums tied to verified needs.
• If the estate lacks cash, explain what assets might be converted and the expected time frame — the court must balance immediate family needs against preserving estate assets for creditors and heirs.
• Be prepared for a hearing. Bring originals of key documents and be ready to explain your budget and why the allowance is necessary.
• Keep copies of everything you file and of the court’s order. The personal representative will include allowance payments in estate accounting.

Where to find Vermont statutes and forms

Start with Title 14 of the Vermont Statutes for probate rules and related statutory authority: https://legislature.vermont.gov/statutes/title/14. For court procedures and contact information for probate judges and clerks, visit the Vermont Judiciary probate page: https://www.vermontjudiciary.org/courts/probate. If you need a copy of local probate forms, ask the probate clerk in the court that will handle the estate.

Next steps

1. Gather the documents listed above (death certificate, bills, proof of relationship).
2. Contact the probate clerk for local filing requirements and any sample form.
3. Prepare and file the petition with proposed order and proof of service plan.
4. If possible, consult an attorney experienced with Vermont probate law to review your petition and represent you at any hearing.

Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Vermont attorney or contact the probate court clerk for procedural guidance.