Detailed Answer

A year’s allowance is a short-term support payment the probate court can order from a decedent’s estate to provide for the surviving spouse and minor children while the estate is being settled. In Idaho, petitions related to allowances are handled in the decedent’s probate case. The exact label and procedure used by a court can vary, but the petition you file should give the court the information it needs to decide whether an allowance is appropriate and how much to award.

Who may request an allowance?

Typically the surviving spouse, minor children, or a guardian/next friend of dependent minors may seek a year’s allowance. The personal representative (executor/administrator) may also petition the court, and the court may act on its own motion.

When to file

File the petition as soon as possible after the decedent’s death and after a probate case has been opened (or at the same time you open it). Courts can make emergency or interim allowances if immediate support is required before the estate inventory and notices are complete.

What to include in the petition — required information and supporting documents

Your petition should be clear, sworn, and supported by documents. Include the following items whenever possible:

• Case caption and basic case information: Name of the probate estate (e.g., Estate of [Decedent]), the probate case number (if assigned), and the Idaho county court where the probate case is filed.
• Petitioner identification: Full name, address, telephone number, relationship to the decedent (surviving spouse, child, etc.), and whether the petitioner is acting on behalf of a minor or incapacitated person.
• Decedent information: Full name of the decedent, date of death, county of residence at death, and whether a will has been filed or whether the estate is intestate.
• Statement of need: A concise, sworn statement describing immediate living expenses and reasons an allowance is needed (rent/mortgage, utilities, groceries, medical costs, child care). Explain why other resources are not sufficient (no income, frozen accounts, or delay in distribution).
• Amount requested and calculation: Specify the dollar amount you are asking the court to allow for the year (or for an interim period) and show how you calculated that number (monthly expenses × 12, minus other income). Courts often set reasonable amounts rather than large sums, so tie the request to actual, reasonable support needs.
• Estate assets summary: A short inventory or summary of the estate’s assets and liquidity (bank accounts, real property, personal property, life insurance payable to estate, retirement accounts payable to estate). This helps the court evaluate whether the estate can afford an allowance and whether other creditors have priority claims.
• List of interested parties and notice: Identify the personal representative, heirs and beneficiaries (with last known addresses if available), and any creditors or lienholders you know about. Explain how you will provide or have provided notice to those parties (many courts require notice before a hearing).
• Supporting documents: Attach copies of the death certificate, marriage certificate (if spouse petitioning), birth certificates for minor children or other documents proving dependency, and any bills or expense statements supporting the need for funds.
• Proposed order: A draft order the judge can sign that lays out the allowance amount, payment schedule (lump sum from estate assets or periodic payments from estate funds), and whether the allowance is chargeable against the distributive share of beneficiaries.
• Verification and signature: The petition should be signed under oath (notarized or verified) by the petitioner or the petitioner’s attorney.

Procedure notes the court will consider

The court will evaluate:

• Whether the petitioner is eligible (spouse or dependent).
• Reasonableness of the requested amount compared with the estate’s value and cash on hand.
• Priority relative to creditor claims and funeral expenses — many states give family allowances priority for immediate support, and Idaho courts balance that against creditor rights.
• Whether temporary or final allowance is appropriate. Courts sometimes award interim allowances and later adjust the total.

Typical orders and payment sources

A court can order the personal representative to pay the year’s allowance out of estate funds as an administrative priority payment. Payment may be a single lump sum or periodic payments, depending on the estate’s liquidity and the court’s judgment.

Where to find the governing law and forms

Idaho’s probate and decedents’ estates statutes are found in Idaho Code Title 15. For the specific statutory language and procedures, see Idaho Code Title 15 — Probate and Decedents’ Estates: https://legislature.idaho.gov/statutesrules/idstat/Title15/. County courts often have local probate rules and standard forms; check the local county court or Idaho courts website for probate forms and filing instructions.

When to consult an attorney

Consider consulting a probate attorney if the estate is sizable, contested, or if creditors or beneficiaries object to the allowance. An attorney can prepare the petition, handle required notices, represent you at hearing(s), and advise about how an allowance interacts with creditor claims and estate distributions.

Disclaimer: This is general information about Idaho probate practice and not legal advice. Laws and local court procedures change. For advice about a specific situation, consult a licensed Idaho attorney.

Helpful Hints — Practical Checklist Before Filing

• Open the probate case promptly so a judge can enter an allowance order if needed.
• Prepare a concise expense budget showing monthly needs and total for a year.
• Gather death certificate, proof of relationship (marriage certificate, child birth certificates), and recent bank statements.
• Make a short inventory of estate assets and note liquid funds available for immediate payment.
• Draft a proposed order for the judge to sign (reduces delay).
• Provide prompt notice to the personal representative and known heirs/beneficiaries; follow local rules for service and timing.
• If funds are urgently needed, ask the court for an interim or emergency allowance and explain the urgency in your petition.
• Keep copies of everything you file and proof of service on all interested parties.
• If another party objects, request a hearing and be prepared to document the necessity and reasonableness of your request.
• Ask the clerk or review local court rules for any required filing fees or special form requirements in your county.