Filing a Year’s Allowance in Indiana: What to Include

Disclaimer: This is general information only and is not legal advice. Consult a licensed Indiana attorney for advice about your specific situation.

Detailed Answer — what a year’s allowance is and what to include when you file

A “year’s allowance” (sometimes called “year’s support”) is a statutory allowance intended to provide immediate living support to a surviving spouse and/or minor children from the deceased person’s estate before final distribution. In Indiana, these matters are governed by the state probate statutes (see Indiana Code, Title 29 — Probate). For the current statutory language and procedural rules, consult the Indiana Code: Indiana Code Title 29 (Probate).

When you file a petition in an Indiana probate court requesting a year’s allowance, the petition should give the court the facts the judge needs to determine whether the allowance is appropriate and how much is necessary. Include the following items and information in the petition and supporting papers:

1. Case and party identification

Probate case caption (estate name as “Estate of [decedent’s full name], Deceased”).
Your name, mailing address, phone number, and relationship to the decedent (e.g., surviving spouse, personal representative).
Name and contact information of the personal representative or executor, if one has been appointed.

2. Statement of authority and jurisdiction

Identify the probate court where the decedent’s estate is being administered (county probate court).
State whether letters testamentary or letters of administration have been issued and provide the date and document number if available.

3. Summary of the decedent and family status

Decedent’s full name and date of death.
Surviving spouse’s name and whether spouse lived with the decedent at the time of death.
Names and ages of minor children (if any) and their relationship to the decedent.

4. Basis for the year’s allowance request

Explain why a year’s allowance is needed (e.g., to pay everyday living expenses, maintain the home, support minor children).
Cite that the request is made under Indiana probate law (reference Title 29) so the court recognizes the statutory basis.

5. Inventory and estate value information

Attach or summarize the estate inventory or preliminary inventory (real property, bank accounts, investments, personal property, life insurance payable to the estate, etc.).
List known outstanding debts, funeral expenses, taxes, and secured claims.
If the estate’s value affects the amount of the allowance, give estimated net value after debts and administrative expenses.

6. Detailed statement of the surviving spouse’s (and children’s) needs and proposed allowance amount

Provide a budget or affidavit of monthly household income and expenses (housing, utilities, food, medical, transportation, childcare).
State the total amount requested for the year (e.g., $X for 12 months or $Y per month) and how you calculated that number.
Explain whether the allowance is sought as a lump sum or periodic payments from estate funds.

7. Supporting documentation

Marriage certificate (to verify spouse status).
Children’s birth certificates or other proof of guardianship/parentage.
Copies of the estate inventory, recent bank statements for the estate, and the decedent’s relevant account statements.
Affidavits or declarations about residency, dependency, and immediate needs (signed and notarized if possible).
Copy of the will (if any) and letters testamentary/administration.

8. Notice and service information

Describe who has been or will be served with notice of the petition (devisees, heirs, creditors, personal representative). Indiana probate rules require notice to interested parties; include dates and methods of service or a proposed notice plan.

9. Proposed order and request for hearing

Attach a proposed final order for the judge to sign granting the allowance in the requested amount and specifying payment terms.
Request a hearing date if required and indicate whether you request an expedited hearing if immediate funds are needed.

10. Verification, signature, and filing details

Sign and date the petition. Include a verification clause if a sworn affidavit is required.
Include any required filing fee (check the local probate court’s fee schedule) and information about where to file (county probate clerk).

What the court will consider at the hearing

The judge will evaluate whether the surviving spouse or minor children are entitled to the allowance under Indiana probate statutes and whether the requested amount is reasonable in light of the estate’s assets and other claims. The court balances the need for support against the rights of other beneficiaries and creditors. Be prepared to offer evidence of need and documentation of estate resources.

Practical filing tips

Check local probate court forms and local rules — some counties provide templates for petitions or require particular language.
Provide clear, organized supporting documents; a short table of contents helps the judge and opposing parties review your submission quickly.
If funds are urgently needed for basic living expenses, request an expedited or emergency hearing and explain the urgency in your petition.

Statutory references and where to look

Indiana’s probate statutes are found in Indiana Code Title 29. For the most reliable, up-to-date statutory text and related probate rules, consult the Indiana General Assembly website for the probate title: https://iga.in.gov/legislative/laws/2023/ic/titles/29. You can also find procedural information, local forms, and court contacts on the Indiana Judicial Branch website: https://www.in.gov/courts.

Helpful Hints

Start early: collect marriage and birth certificates, estate account statements, and the inventory before you file.
Be specific: courts prefer concrete budgets and receipts over vague claims of need.
Notify interested parties promptly: failing to give proper notice can delay or void a hearing.
Consider temporary relief: if you need money right away, ask the court for a temporary allowance or expedited hearing.
Retain proof of service: keep certificates or affidavits showing everyone was properly notified.
Keep records of how allowance funds are used; the court or estate representative may request accounting later.
When in doubt, talk to a probate attorney: an attorney can help draft the petition, prepare evidence, and represent you at the hearing.

If you want, provide the county where the probate is pending and whether a personal representative has been appointed, and I can list the likely local steps and typical forms used in that county’s court.