Detailed Answer
Under Wisconsin law, a “year’s allowance” (often called a family allowance) provides support from a decedent’s estate to a surviving spouse or minor children for up to one year after death. The authority for this allowance comes from Wis. Stat. § 853.05. The statute grants a statutory right to an allowance without regard to the claimant’s own assets.
When you file a petition for a year’s allowance, the court focuses on the decedent’s estate assets and the claimant’s need. You do not need to disclose your personal property or financial holdings in the petition. The form and the statute neither request nor require that information. Instead, the court will consider factors such as:
- The value and liquidity of the decedent’s estate
- The claimant’s reasonable needs for shelter, food, and clothing
- Any funds or property already distributed to the claimant (for example, under a will or by intestacy)
If you are the personal representative of the estate, you must separately file a full inventory of the decedent’s assets—including both real and personal property—under Wis. Stat. § 859.03. That inventory ensures the court can determine whether the estate can satisfy the year’s allowance and other claims.
Key statutes:
- Wis. Stat. § 853.05 (Family allowance): https://docs.legis.wisconsin.gov/statutes/statutes/853/05
- Wis. Stat. § 859.03 (Inventory by personal representative): https://docs.legis.wisconsin.gov/statutes/statutes/859/03
Bottom line: If you are seeking a year’s allowance, you do not list your own personal property. The petition is limited to information about the decedent’s estate and the claimant’s needs. However, an estate’s personal representative must inventory all of the decedent’s personal property separately.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, please consult a qualified attorney.
Helpful Hints
- Review the year’s allowance form carefully; it asks only about the decedent’s estate and your basic needs.
- Gather documentation of the estate’s assets (bank statements, real estate values) for the court’s review.
- If you are the personal representative, prepare a complete inventory of all estate assets, including personal property, under Wis. Stat. § 859.03.
- Keep copies of filed documents and court orders in your permanent records.
- Consult an attorney early if the estate has complex assets or creditors are making competing claims.