Detailed Answer

A “year’s allowance” (sometimes called a year’s support or family allowance) is a short‑term allowance from a decedent’s probate estate intended to provide for the surviving spouse and minor children while the estate is administered. Under Arkansas probate practice, a year’s allowance can be requested from the probate court handling the decedent’s estate. Below is what you typically must include when you file such a petition in Arkansas and how the process generally works.

Who may file

– The surviving spouse or a guardian of minor children may file. The personal representative (executor or administrator) of the estate may also file on behalf of family members.

When to file

– File as soon as possible after the decedent’s death or after appointment of the personal representative. A year’s allowance is intended to cover immediate support needs while the estate is being settled.

Required contents of the petition

Your petition should be clear, sworn, and supported by documentation. Typical required content includes:

• Court caption and case information: Name of the court (probate court or circuit court handling probate), case number (if already assigned), and title such as “In the Matter of the Estate of [Decedent’s Name].”
• Petitioner identification: Name, address, relationship to the decedent (surviving spouse, child, guardian), and contact information of the person asking for the allowance.
• Decedent information: Full name of the decedent, date of death, and county where the decedent resided at death.
• Status of probate administration: Whether a personal representative has been appointed, the representative’s name, and the date of appointment (if any).
• Statement of entitlement and need: A concise, sworn statement explaining why the petitioner (surviving spouse and/or minor children) needs support from the estate for the coming year—include facts about current financial resources, lack of income, dependents, and immediate expenses.
• Amount requested and basis: The dollar amount requested for the year’s allowance, with a brief explanation or breakdown (housing, food, utilities, medical, childcare). If Arkansas law or local practice establishes presumptive amounts, note that basis.
• Inventory or summary of estate assets and liabilities: A summary or reference to the estate inventory showing assets and debts, so the court can assess the estate’s ability to pay.
• Supporting documents (attach as exhibits): death certificate; marriage certificate (for surviving spouse); birth certificates or guardianship documents for minor children; proof of current income or lack thereof (pay stubs, unemployment, benefits); statements of immediate expenses (bills, rent, mortgage, medical bills); any inventory or appraisement filed in the estate; and correspondence with the personal representative, if relevant.
• Notice and service information: A statement that the personal representative and other required interested parties (heirs, devisees, creditors if required) have been served with the petition or will be served, plus a proposed method and proof of service.
• Proposed order: A draft order for the judge to sign granting the year’s allowance (specifying amount, timing, and whether payment is from liquid assets or will be charged to the estate generally).
• Verification and signature: The petition should be signed and verified (sworn) by the petitioner or moving party under penalty of perjury, and dated.

Procedure after filing

– The court will set the petition for hearing and require notice to interested parties (rules vary by county). At the hearing, the judge considers the petition, any objections, the estate’s financial condition, and applicable law. If granted, the court enters an order directing payment from the estate. Payment may be immediate from available assets or treated as a priority charge against the estate.

Effect on creditors and estate distribution

– A properly granted year’s allowance typically takes priority over claims and distributions for a limited support period, but specific priority rules depend on Arkansas probate statutes and local practice. The allowance reduces the assets available for other distributions and may be subject to accounting by the personal representative.

Arkansas statutes and where to look

Arkansas probate and estates law is codified in Title 28 of the Arkansas Code. For official statute text and related rules, consult the Arkansas General Assembly site and Arkansas courts resources: Arkansas General Assembly (Arkansas Code) and Arkansas Judiciary. Your county probate clerk can provide local filing requirements and forms.

Helpful Hints

• Start early: File the petition promptly after appointment of the personal representative to avoid delays in support.
• Bring documentation: Death certificate, marriage/birth certificates, income statements, bills, and any estate inventory make the petition stronger.
• Give proper notice: Serve the personal representative and all heirs or interested parties as required by the court; improper notice can delay or invalidate the hearing.
• Ask for a clear breakdown: List how you calculated the requested amount for the year’s allowance (rent, utilities, groceries, medical, childcare).
• Prepare for a hearing: Be ready to explain finances, family needs, and why existing resources are insufficient.
• Consider payment mechanics: If the estate has limited cash, discuss with the personal representative and court whether payments can be staggered or charged as a claim.
• Watch deadlines: Follow local court scheduling procedures and file any required proof of service or affidavits on time.
• Get local help: Probate practice varies by county. Contact the probate clerk for local procedures and consider consulting an Arkansas probate attorney if the estate is large, contested, or complex.