Detailed answer — Overview and what the court expects

Florida law provides a “family allowance” (often called a year’s allowance in other states) to support a surviving spouse, minor children, or other dependents while an estate is administered. The allowance is paid from the estate and has priority over many other claims. The governing provisions are in the Florida Probate Code; see, for example, the Florida Statutes on allowances: Fla. Stat. § 732.401 (and related sections).

When you file a petition for a year’s allowance (family allowance) in Florida probate court, the petition should give the court the facts it needs to decide whether an allowance is appropriate, who is eligible, how much is reasonable, and how long the allowance should last. Below is a detailed checklist of what to include and why each item matters.

Required petition components

1. Case caption and court information. The petition must be filed in the probate court handling the decedent’s estate. Include the court name, case number, and the estate’s name (Estate of [Decedent’s Name]).
2. Petitioner identification and status. State the petitioner’s name, address, phone, relationship to the decedent (e.g., surviving spouse, child), and whether the petitioner is a beneficiary or a potential heir. If someone else (like the personal representative) files for the family, identify that person and their role.
3. Decedent information. Provide the decedent’s full name, date of death, and a copy of the death certificate or a statement that it has been filed with the court.
4. Legal basis for the request. Cite the statutory authority for a family allowance (for example, Fla. Stat. § 732.401) and state briefly why the petitioner qualifies under the statute (surviving spouse, minor child, dependent).
5. Statement of need and proposed amount. Explain the petitioner’s immediate financial needs and request a specific dollar amount or a monthly allowance. Include a clear explanation of how the amount was calculated (e.g., monthly housing, utilities, food, medical costs, childcare). The court will weigh the reasonableness of the request against the estate’s resources.
6. Estate assets and liquidity. Provide a summary of known estate assets (bank accounts, personal property, real property subject to probate, life insurance payable to the estate, etc.) and any estimated cash available to pay an allowance. If an inventory has been filed, reference or attach it.
7. Other income or resources available to petitioner. List the petitioner’s other sources of support (wages, Social Security, pension, other assets, benefits) so the court can assess the need for an allowance.
8. Priority and claims info. Note that family allowances are paid from estate assets and have priority (as provided by statute). If there are pending creditor claims or known secured debts, summarize them so the court has the context for how much of the estate is available.
9. Requested duration. State whether you request an allowance for one year, until estate administration is complete, or another reasonable period. In Florida the allowance commonly covers the period necessary for support during administration; explain why your requested duration is appropriate.
10. Supporting documents. Attach evidence that confirms identity and status: marriage certificate for a surviving spouse, birth certificates for minor children, copies of recent pay stubs, bank statements, bills, rent/mortgage statements, medical bills, and any prior filings in the estate (letters testamentary, inventory, etc.).
11. Notice and service statement. Explain who has been or will be served with the petition (personal representative, all beneficiaries, known creditors, and other interested persons) and include a proposed notice form or certificate of service. Proper notice gives interested parties the chance to object.
12. Proposed order. Attach a proposed final order for the judge to sign that includes the amount, duration, when payments will begin, and the asset(s) from which payments are to be made.
13. Signature and verification. The petition must be signed and verified as required by court rules. Include contact information and, if represented, the attorney’s Florida bar number.

How the court evaluates the petition

The judge will consider who qualifies under the statute, the reasonableness of the dollar amount, the estate’s ability to pay, and competing claims. Family allowances are intended to provide temporary support during estate administration and are often prioritized above ordinary creditor claims. The court may reduce, increase, or deny the requested allowance based on the evidence. Because practice varies by county and judge, a clear, well-documented petition improves the chances of a favorable, timely ruling.

Helpful hints

• Use the estate case number and file your petition in the probate division handling the decedent’s case.
• Be specific and realistic about the amount you request. Courts prefer clear budget items (housing, food, utilities, medicine) rather than vague statements of need.
• Attach documentary proof whenever possible: marriage and birth certificates, bank statements, pay stubs, rental agreements, and bills.
• Include a proposed order that identifies the funding source (usually estate personal property/cash) and a clear payment schedule.
• Give notice to all interested persons and provide certificates of service to the court. Lack of proper notice can delay your petition or cause objections later.
• File early. A prompt family allowance can prevent immediate hardship for a surviving spouse or minor children while the estate is settled.
• Know priorities. Family allowances often take priority over general creditor claims; discuss this with counsel so you understand how payments affect creditor distributions.
• If the estate lacks sufficient liquid assets, ask the court about interim relief (partial allowance or temporary payments) and whether the personal representative can sell non-exempt personal property to fund the allowance.
• Consider consulting a probate attorney in the county where the estate is filed for local practice tips and to prepare witness testimony or affidavits for the hearing.