Detailed Answer

Overview. Under Alaska law, a petition for a year’s allowance (often called a family allowance or allowance for support) asks the probate court to set aside funds from a decedent’s estate to support the surviving spouse and/or dependent children for a period of time (commonly one year). The allowance is intended to provide reasonable support and shelter while the estate is being administered. Courts grant these allowances based on the surviving family’s needs, the size and liquidity of the estate, and competing claims against the estate.

Who may petition? Typically the surviving spouse, a dependent minor child, or a person who is legally responsible for a dependent child may petition the court. If someone else (for example, a guardian or conservator) is acting for the spouse or child, that person can file on their behalf.

When to file. File the petition early in the probate process as soon as the estate is opened. Family allowance petitions are usually prioritized before other distributions and before many creditor distributions, but timing matters — filing promptly improves the chances of receiving needed support quickly.

What to include in the petition

A complete petition helps the court decide quickly. Include the following items and documents when you file:

1. Caption and case information: Court name, probate case number (if already assigned), and title (e.g., “Petition for Family Allowance”).
2. Decedent information: Full name of the decedent, date of death, and last known residence.
3. Petitioner information and relationship: Petitioner’s full name, address, telephone, relationship to the decedent (surviving spouse, child, etc.), and whether the petitioner is acting on behalf of a minor or incapacitated person.
4. Basis for relief requested: A clear request for a one-year allowance (or other statutory allowance) stating the legal basis under Alaska probate law and the reason you qualify (e.g., surviving spouse with dependent minor children).
5. Amount requested and itemized budget: A specific dollar amount requested for the year and an itemized budget showing monthly/annual living expenses the allowance will cover (housing, utilities, food, medical, transportation, dependent care). Explain any extraordinary needs (medical costs, school expenses, etc.).
6. Estate snapshot: A brief description of estate assets and liquidity (bank accounts, cash, real property, retirement accounts that are part of probate, personal property). If available, include the estate inventory or an estimate of estate value.
7. Supporting documents:
   • Certified or uncertified copy of the death certificate;
   • Copy of the will (if any) and any letters testamentary or letters of administration issued to the personal representative;
   • Marriage certificate or proof of relationship (for spouse); birth certificates or custody records (for children); proof of dependency if a non-spouse dependent is involved;
   • Recent pay stubs, benefit statements, public assistance documentation, bank statements, rent or mortgage statements, and bills to document need;
   • Any prior court orders affecting support or property rights.
8. Notice and service information: A list of all known heirs, beneficiaries, creditors, and the personal representative, with addresses. In most cases you must serve the petition on the personal representative and on all interested persons. Include a proposed plan for service and certification that you will provide required notice under Alaska law.
9. Proposed order: A draft order for the judge that specifies the amount, duration (one year), payment method (lump sum or periodic payments), and any restrictions on use of funds.
10. Affidavit or declaration of truth: A sworn statement attesting to the accuracy of the facts and the petitioner’s need for the allowance.
11. Filing fee and fee waiver request (if applicable): Include the required filing fee or a request for waiver if the petitioner cannot pay.
12. Certificate of service: After serving interested persons, file proof of service showing who was served and when.

How the court evaluates the petition

The court will evaluate:

• The financial needs of the petitioner and dependents;
• The size, liquidity, and solvency of the estate;
• Existing obligations and creditor claims;
• Whether the requested amount is reasonable and limited to support, maintenance, and necessary shelter for the statutory period;
• Any objections by the personal representative or other interested persons.

If the court approves the petition, the judge will enter an order directing the estate’s personal representative to pay the allowance. Payment can be ordered as a lump sum or periodic payments charged against estate assets; the court may set conditions to protect the estate and creditors.

Relevant Alaska resources. For statutes and procedural rules consult the Alaska statutes and the Alaska Court System probate pages. The probate statutes and administrative guidance give the court its authority and set notice/filing requirements. See the Alaska Legislature’s statutes for Title 13 (Decedent’s Estates): https://www.akleg.gov/basis/statutes.asp#13. For court procedures and local probate forms, see the Alaska Court System Probate page: https://www.courts.alaska.gov/shc/probate.htm.

Sample checklist (brief)

• Petition for family allowance (completed and signed)
• Itemized one-year budget and statement of need
• Death certificate
• Copy of will and letters (if issued)
• Proofs of relationship and dependency (marriage, birth certificates)
• Estate inventory or summary of assets
• Proposed order and proposed payment schedule
• List of interested persons and proposed service addresses
• Filing fee or fee waiver paperwork

When to get help

If the estate is complex, if the personal representative disputes the request, or if you need a larger amount because of special medical or housing needs, consider consulting a probate attorney licensed in Alaska. An attorney can prepare the petition, advise about evidence and strategy, negotiate with the personal representative, and represent you at hearings.

Important note and disclaimer

This article is educational and informational only. It does not create an attorney‑client relationship and is not legal advice. Laws and court rules change. For advice about a specific situation, consult a licensed Alaska attorney or contact the Alaska Court System for forms and local procedural requirements.

Helpful Hints

• File early: submit the petition as soon as the estate opens to increase the chance of timely support.
• Be specific: give a monthly budget and explain extraordinary expenses to justify the amount requested.
• Document dependency: include marriage and birth records or custody papers to show who qualifies for the allowance.
• Provide proof of estate liquidity: if the estate lacks cash, explain how property will be sold or how the allowance can be secured.
• Serve all interested parties: follow Alaska notice rules and file certificates of service promptly to avoid delays.
• Consider short-term relief: ask the court for interim payments if the estate administration will take time.
• Keep receipts and records: if you receive allowance payments, track how the funds are used; the court may require accounting.
• Check local forms: use any Alaska Court System probate forms available for petitions and proposed orders to reduce procedural mistakes.