Detailed Answer — What a year’s (family) allowance petition should include under Arizona law

In Arizona, the probate code (Title 14, Arizona Revised Statutes) authorizes the court to award a family or year’s allowance to help a surviving spouse and minor children meet basic needs while the estate is being administered. When you prepare and file a petition for that allowance you should provide clear, documentary, and factual support so the court can promptly decide the request.

Below is a thorough checklist of the items and information typically included in a year’s (family) allowance petition filed in an Arizona probate court. Use this as a practical template; the county probate court may have local forms or additional filing requirements.

1. Case and court identification
   • Name of decedent (full legal name) and date of death.
   • Probate case number (if already opened) and name of the probate court (county).
   • Name and contact information of the petitioner (person asking for the allowance) and their relationship to the decedent (e.g., surviving spouse, personal representative).
2. Statement of authority
   • Identify your legal basis for asking the court for a year’s or family allowance (reference to Arizona probate authority: Title 14, Arizona Revised Statutes).
   • If a personal representative (executor/administrator) has been appointed, include the letters testamentary or letters of administration (or state whether appointment is pending).
3. Description of persons to be protected
   • List who you request the allowance for (surviving spouse; names and ages of minor children; other dependents if applicable).
   • State each person’s residency and dependency status (e.g., full-time student, disabled dependent).
4. Requested amount and period
   • Specify the dollar amount requested and whether you seek a lump sum or periodic payments (monthly amount and duration — commonly an amount sufficient for one year’s support or a monthly family allowance until estate distribution).
   • Explain how you calculated the amount: basic living expenses (housing, food, utilities, medical, child care, transportation) and any immediate debts or urgent needs that justify the request.
5. Financial facts and estate information
   • Summarize the estate’s known assets and available cash (bank accounts, life insurance payable to the estate, real property, personal property). Provide approximate values if exact numbers are not yet available.
   • List the decedent’s known ongoing income sources (pensions, Social Security, rental income) and any assets that will require time to convert to cash.
   • Identify other creditors or claims known to the personal representative that may affect available funds.
6. Personal financial need and alternative sources
   • Provide the petitioner’s and beneficiaries’ monthly income, assets, and reasonable monthly expenses to show need (pay stubs, benefit statements, bank statements, a simple budget).
   • State whether the surviving spouse or dependents can access other resources (separate bank accounts, life insurance proceeds paid directly to beneficiaries, community property claims, etc.).
7. Supporting documents and exhibits
   • Death certificate (copy).
   • Letters Testamentary / Letters of Administration or proof that probate has been opened (if available).
   • Recent account statements for estate bank accounts or decedent’s accounts.
   • Pay stubs, Social Security award letters, benefit statements for beneficiaries.
   • An itemized budget of household expenses supporting the amount requested.
   • Any contracts, leases, or evidence of urgent bills (mortgage statement, utility shutoff notice, medical bills).
8. Notice information and service
   • Describe how and when you served notice of the petition on interested parties (heirs, beneficiaries, personal representative, creditors) or state requests for an expedited ruling with reasons (e.g., imminent eviction).
   • Attach a certificate or proof of service where required by local rules.
9. Relief requested and proposed order
   • Clearly state the exact relief you seek (e.g., an immediate family allowance of $X per month for Y months or a lump-sum allowance of $X payable from estate funds).
   • Attach a proposed order for the judge to sign to expedite the process.
10. Signature and verification
    • Signed and dated petition by the petitioner or their attorney.
    • Notarized verification or affirmation if required by local court rules.
11. Filing fee and case management
    • Include the court filing fee or a request to waive the fee if you qualify and local rules permit.
    • If you need an emergency or ex parte order, follow the county probate court’s rules for emergency filings and include a notice of hearing request.

Procedural notes:

• File the petition in the probate court for the county where the decedent lived at death (local rules and forms vary by county).
• The court will usually set a hearing and require notice to interested parties. In emergencies, you can ask for expedited relief, but you must explain the urgency with evidence.
• A family allowance is typically treated as a priority claim against the estate to be paid before certain other distributions; explain how the allowance fits into estate administration so the judge can evaluate potential impact on creditors and beneficiaries.

For Arizona statutory authority on probate and family allowances, see Title 14, Arizona Revised Statutes: https://www.azleg.gov/ars/?title=14. County probate court websites provide local forms and specific filing instructions.

Helpful Hints — Practical tips when preparing and filing

• Start with local court forms: Many Arizona county probate courts provide a family allowance petition form. Using the county form reduces errors and speeds processing.
• Be specific and organized: Judges decide petitions faster when you attach a one-page summary of requested relief and key figures (monthly needs, estate cash available, and proposed payment schedule).
• Include proof of urgent need: If rent, utilities, or medical bills are overdue, attach the notices. The court is more likely to act quickly on documented emergencies.
• Notify beneficiaries and heirs early: Serving notice avoids surprises and can prevent contested hearings. If someone objects, you will want time to gather evidence ahead of the hearing.
• Consider short-term versus lump-sum relief: Monthly payments preserve cash flow in the estate. A lump sum may be appropriate where immediate large expenses exist, but it reduces estate liquidity.
• Keep records of all payments: If the court grants an allowance, the personal representative must account for payments in the estate inventory and accounting.
• Ask about mediation: If heirs disagree about the allowance amount, some courts encourage mediation before a contested hearing.
• Get legal help for complex estates: If the estate has mixed assets, ongoing business interests, or multiple creditor claims, consult a probate attorney to protect beneficiaries’ rights and the personal representative’s duties.