How a family (“year’s”) allowance petition works in Washington probate

This FAQ explains what you need to include when you ask a Washington superior court for a one‑year family allowance (sometimes called a “year’s allowance”). It walks through who can ask, what the court expects to see in the petition, typical supporting documents, service and timing, and practical tips to improve your chance of getting timely support from the estate. This is educational only and not legal advice.

What a family (year’s) allowance is

A family allowance is a short‑term payment from the decedent’s probate estate to support the surviving spouse, registered domestic partner, minor children, or dependents while the estate is probated. Washington authorizes such allowances in the probate code; see the family allowance chapter of the Revised Code of Washington: RCW Chapter 11.44.

Who may file

• Surviving spouse or registered domestic partner.
• Minor or dependent child acting through a guardian or guardian ad litem.
• Another person with a demonstrated need who relied on the decedent for support.

Where to file and basic procedure

File the petition in the superior court of the county where the decedent had legal residence (the probate case where the estate is open, or you may ask the court to open a probate if needed). The petition is filed with the probate case file and typically requires serving the personal representative (executor/administrator), known heirs and beneficiaries, and sometimes creditors or the court‑appointed personal representative. The court will schedule a hearing or consider the petition on submitted papers.

What to include in the petition — required core elements

Make the petition clear, factual, and supported by exhibits. At a minimum include:

• Caption and case info: Court name, county, probate case number (or request to open probate), and style (Estate of [Decedent’s initials or surname]).
• Petitioner identification: Your full name, address, relationship to the decedent (spouse/partner/child), and contact information. If petitioner is a minor, name the guardian filing on the minor’s behalf.
• Decedent information: Full name, date of death, last residence, and whether there is an existing probate case (include case number if one exists).
• Legal basis: Citation to Washington law permitting a family allowance (refer to RCW Chapter 11.44) and a short statement that the petitioner is an eligible person.
• Narrative of need: Concise facts showing why support is needed now (loss of the decedent’s income, current sources of support, and immediate living expenses). Provide specifics: monthly rent/mortgage, food, utilities, medical expenses, child care, insurance, etc.
• Amount requested and period: State the dollar amount requested for the year (or request the statutory “one year” allowance), and explain how you calculated it (attach a budget). Courts expect a reasonable amount for the family’s support during probate, not an excessive figure.
• Estate asset summary: A plain summary of known estate assets and likely cash available (bank accounts, investment accounts, personal property, real property subject to probate), and known debts. If an inventory has been filed, cite or attach it.
• Proposed order: A draft order for the judge to sign granting the allowance, specifying amount, payee, how funds will be paid (lump sum or periodic), and priority of payment from the estate.
• Notice plan and proof of service: A statement that you will serve (or already served) required parties: the personal representative, heirs and beneficiaries, and others as required by local rules. Include a proposed timeline for service or an affidavit of service if already served.
• Verification and signature: A signed verification (sworn statement) from petitioner attesting to the truth of the petition and attaching exhibits listed in the petition.

Helpful exhibits and supporting documents to attach

• Marriage certificate or domestic partnership documentation (for spouse/partner).
• Birth certificates for minor children or other proof of relationship.
• Copy of the decedent’s death certificate.
• Copy of the probate petition or letters testamentary/administration (if issued).
• Inventory or preliminary list of estate assets, if available.
• Recent bank statements, pay stubs, Social Security or pension statements, and bills showing monthly expenses.
• Budget spreadsheet showing how the requested amount will cover one year of necessary support.
• Affidavits from third parties (optional) confirming the petitioner’s need or the decedent’s prior support.

Timing, notice, and hearings

• File early: family allowance issues are time‑sensitive. Ask the court for immediate relief if you face imminent hardship.
• Notice: Serve the personal representative and heirs promptly. Some counties have local rules about how and when to serve probate motions—check the court’s website or local rules.
• Emergency relief: If you need funds before a scheduled hearing, ask the court for temporary or ex parte relief and include evidence of urgent need.

How the court decides

The judge will weigh the petitioner’s demonstrated needs, the estate’s available resources, and competing claims. The court must ensure the allowance is reasonable for one year and that the estate can support it. The allowance gets priority for payment from the probate estate before many other distributions. See RCW Chapter 11.44 for statutory guidance: RCW 11.44.

Common pitfalls to avoid

• Asking for an amount without a clear budget or supporting bills — the court is more likely to trim vague requests.
• Failing to serve the personal representative or heirs — incomplete service can delay or defeat the petition.
• Not attaching proof of relationship (marriage, birth certificates) — this slows verification of eligibility.
• Assuming the allowance is automatic — the court must grant it; present facts, not assumptions.

Next steps and practical tips

• Review the local superior court probate page for form and filing requirements in the decedent’s county.
• Prepare a one‑page budget showing monthly needs and how the yearly total was calculated.
• If the estate is small or there is a surviving community property interest, note that in the petition — Washington is a community property state and those assets affect the estate’s resources.
• Consider contacting a probate attorney for help preparing the petition or for an expedited hearing if you face immediate hardship.

Where to read the law

Washington statutes on family allowance are in RCW Chapter 11.44. You can read the chapter here: https://app.leg.wa.gov/rcw/default.aspx?cite=11.44. For general probate procedure and who must be served, consult the superior court rules and local county probate instructions.

Disclaimer

This article explains general Washington probate concepts and common practice for requesting a family (year’s) allowance. It is educational only and not legal advice. For advice about a specific case, consult a licensed Washington attorney who handles probate and estate matters.