Filing a One-Year (Family) Allowance Petition in Illinois: What to Include

Detailed Answer

This article explains what to include when you file a petition for a one-year allowance (often called a “family allowance” or “year’s allowance”) under Illinois probate law. This is a plain-language guide for someone with no prior legal experience. It explains who may ask for an allowance, what paperwork and evidence a court usually expects, and how the allowance affects the estate.

Background (what the allowance is)

A family allowance is money set aside from a decedent’s estate to support a surviving spouse and/or minor children for a limited time (commonly one year). The allowance is intended to provide immediate support while the estate is being settled. In Illinois, these rules come from the Illinois Probate Act (see the Probate Act of 1975, 755 ILCS 5: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106). Courts award allowances based on the needs of the claimant and the size and nature of the estate.

Who can file

• Surviving spouse.
• Minor children of the decedent.
• Other dependents in limited circumstances (for example, adult dependents who were receiving regular support).

What to include in the petition

When you prepare a petition for a one-year/family allowance in Illinois, include the following items and information. Group your filing with clear headings and attach documents as exhibits so the court and other parties can review easily.

1. Caption and case information
   • Full name of the decedent and the case number (if an estate or probate case has been opened).
   • Name of the county court and the court division handling probate.
   • Your name (petitioner) and contact information; relationship to the decedent (surviving spouse, child, etc.).
2. Statement of authority and basis for the petition
   • State that you are asking the court to grant a one-year/family allowance under Illinois probate law (reference the Probate Act generally: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106).
   • Explain why you are eligible (e.g., surviving spouse living with decedent; minor child under age 18).
3. Detailed description of needs and requested amount
   • Explain the monthly and total amount requested for the year and why that amount is reasonable (rent/mortgage, utilities, food, medical costs, child care, transportation).
   • Attach a simple budget or itemized estimate showing how the request was calculated (example: $1,800/month × 12 = $21,600).
4. Evidence of finances and resources
   • Bank account statements, paystubs, pension or Social Security information, and other income sources for the petitioner.
   • Information on the decedent’s estate assets and liquidity (personal property, bank accounts, real property, life insurance proceeds payable to the estate).
   • Any other support the petitioner receives (spousal income, public benefits) that affects need.
5. Death certificate and proof of relationship
   • Certified death certificate for the decedent.
   • Marriage certificate or birth certificates showing the petitioner’s relationship to the decedent, if applicable.
6. Probate documents
   • If an estate case is already open, include copies of the petition for probate, Letters Testamentary or Letters of Office (if issued), and an inventory or preliminary list of assets if available.
   • If the estate has not been opened, explain whether you are filing the allowance petition together with an application to open probate or administrator appointment.
7. Notice and service information
   • Provide a proposed list of persons to be served with the petition (named beneficiaries, heirs, personal representative or administrator, and creditors if required by local rules).
   • Attach a proposed notice form and suggested method of service (mail, sheriff, publication if needed).
8. Proposed order
   • Draft a short, clear proposed court order stating the allowance amount, duration (one year), payment method (lump sum or periodic payments from estate funds), and any priority over creditor claims if applicable.
9. Affidavits or declarations
   • Statement under oath by the petitioner swearing to the accuracy of the facts and need for the allowance.
   • Affidavits from third parties if helpful (for example, a landlord confirming housing costs or a physician documenting medical expenses).
10. Filing fee and local rules compliance
    • Check the county court’s probate filing fees and include the fee or request a fee waiver if eligible.
    • Confirm any local forms or cover sheets required by the county probate clerk and follow local rules for page numbering, exhibits, and copies.

Hearing and timelines

After you file, the court will schedule a hearing. The court gives notice to interested parties, who may object. At the hearing, be prepared to explain why the requested amount is reasonable and how you will use it. The court will consider the size of the estate, claims against the estate, and the reasonable needs of the surviving family.

How the allowance is paid and its effect on the estate

• Courts may order payment from liquid assets or direct periodic payments from estate funds.
• A properly granted family allowance is typically paid out of the estate and can take priority over some creditor claims, but the exact priority and effect depend on the estate’s condition and Illinois law.
• If the allowance exceeds available assets, the court may reduce the amount or order distribution differently.

Example (hypothetical)

Jane is a surviving spouse. The decedent left a checking account with $30,000 and an estate with other assets that will take months to liquidate. Jane files a petition asking for $24,000 as a one-year allowance ($2,000/month) and submits a budget, bank statements, a certified death certificate, a proposed order, and an affidavit. The court reviews the need and the estate’s liquidity, hears any objections, and may grant a portion or the full requested amount, to be paid from the estate’s liquid funds.

Relevant statute reference: For the statutory framework governing wills, probate, and related matters in Illinois, see the Probate Act of 1975 (755 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106

Helpful Hints

• Start the allowance petition early if the estate lacks ready cash; courts can act quickly to provide necessary support.
• Provide clear, itemized budgets and documentation—courts prefer concrete evidence of need (rent receipts, utility bills, medical bills).
• Serve all required parties and follow local probate court rules to avoid delays or objections based on procedure.
• If the estate is small or insolvent, be aware the court may reduce the allowance or prioritize creditors—include an inventory of estate assets so the judge can see liquidity.
• Consider whether a lump-sum payment or monthly payments make sense for your situation; propose the method in your petition.
• Keep copies of everything you file and proof of service to show the court if any disputes arise.
• If you are uncertain whether you qualify or how much to request, prepare multiple budget scenarios (basic, moderate, high) and explain why one is most reasonable.

Next steps

Use the checklist above to assemble your petition packet. Contact the county probate clerk for local filing procedures and hearing schedules. If the matter is urgent (no funds for housing or medical needs), tell the court clerk you are requesting an expedited hearing.

Disclaimer: This article is for general information only and does not provide legal advice. It does not create an attorney-client relationship. For guidance about your specific situation, consult a licensed Illinois attorney or your county probate court.