Detailed answer — how a year’s allowance request works in Kentucky

When someone dies, their estate must be gathered, debts paid, and then the remainder distributed to heirs. Kentucky law allows a surviving spouse and certain dependent children to ask the probate court for a short-term allowance from the estate to pay immediate living expenses. People often call this a “year’s allowance,” “family allowance,” or “allowance for support.” The allowance is intended to provide temporary support during probate before final distribution.

To ask the court to grant this allowance, you (the petitioner) must file a written petition in the probate case for the decedent’s estate. The petition should identify the petitioner, the relationship to the decedent, the amount requested, and why the allowance is needed. The personal representative (executor or administrator) and all interested parties must receive notice so the court can decide after any responses or hearings.

Key points about the allowance under Kentucky practice:

• The allowance is paid from the estate before most other distributions and sometimes before unsecured creditors are paid.
• The court evaluates need, the size and liquidity of the estate, and any other support available to the petitioner.
• Either the personal representative or an eligible family member can ask for the allowance; if contested, the court holds a hearing.
• Filing early in the probate process increases the chance the allowance will cover immediate living expenses.

What to include in the petition — detailed checklist

Prepare a clear, signed petition that contains all of the following items. Missing information can delay action or lead the court to deny the request.

1. Case caption and court information: Name of the county probate court, case number (if already opened), and the estate name (“Estate of [Decedent’s Name]”).
2. Petitioner identification: Full name, address, phone number, and relationship to the decedent (for example, surviving spouse or parent of minor child).
3. Decedent information: Full name, date of death, and last known address.
4. Personal representative identity: Name and contact information for the executor or administrator, if one has been appointed.
5. Statement of need: A concise explanation of why the allowance is requested. Include facts such as lack of other income, immediate living expenses (rent/mortgage, utilities, food, medical care), and whether the petitioner has access to separate property or other support.
6. Amount requested and basis: Specify the dollar amount needed for the allowance and explain how you calculated it (itemize monthly expenses and state the period requested—commonly up to one year). Courts often award a reasonable sum based on demonstrated need, not necessarily the full amount requested.
7. Inventory/estate information: If available, attach or reference the estate inventory or an estimate of the estate’s value and liquidity (cash vs. real property), so the court can see whether the estate can reasonably cover the allowance.
8. Supporting documents: Attach copies of documentation that support your statements: death certificate, marriage certificate, birth certificates for minor children, recent bills, bank statements, pay stubs, and any proof of other income or assets.
9. Notice statement and service plan: State that you will serve the petition on the personal representative and all known heirs and creditors, and explain how service will be made (mail, hand delivery, or as required by the court).
10. Proposed order: Provide a draft order the judge can sign that sets the allowance amount, payment schedule (lump sum or periodic), who must pay it (usually the personal representative), and whether security or a bond is required.
11. Verification and signature: The petitioner must sign the petition under penalty of perjury or file with the court’s required verification language.

How to file and serve the petition

Steps to follow:

1. Locate the county probate court handling the decedent’s estate. If a probate case does not yet exist, you may need to open an estate administration case first.
2. File the original petition with the clerk of the court and pay the required filing fee (fees vary by county).
3. Serve the personal representative and all interested parties with a copy of the petition and proposed order using the method the court requires (usually certified mail or personal service).
4. Request an expedited hearing if immediate relief is required; the court may act quickly in urgent cases.

Common issues and how courts evaluate petitions

Courts look at several factors when deciding whether to grant a year’s allowance:

• Petitioner’s actual need and reasonable living expenses.
• Size, liquidity, and encumbrances on the estate.
• Whether the petitioner has separate income, assets, or other sources of support (Social Security, life insurance, joint bank accounts).
• Whether the allowance will unfairly prejudice creditors or other heirs.

Disputes often involve the amount requested, whether the petitioner qualifies, or whether other assets are available. If the petition is contested, expect the court to schedule a hearing and consider sworn testimony and documentary proof.

Example checklist you can bring to the courthouse

• Signed petition for allowance (original plus copies)
• Proposed order for the judge
• Death certificate
• Proof of relationship (marriage certificate or children’s birth certificates)
• Current bills, rent/mortgage statement, utility bills
• Bank statements, pay stubs, or other income proof
• Any estate inventory or preliminary asset list
• Contact info for the personal representative and known heirs

Helpful hints

• File early. Courts are more likely to authorize temporary support if you act promptly after the decedent’s death.
• Be specific and factual. Itemized expenses and documentary proof make your petition stronger.
• Keep amounts reasonable. Courts deny requests that exceed demonstrable need or the estate’s ability to pay.
• Serve everyone who has an interest in the estate to avoid delays caused by improper notice.
• If the case is urgent, ask the court for an expedited or emergency hearing and explain the immediate hardship.
• Consider consulting a probate attorney if the estate is large, complex, or if the request is likely to be contested.
• Check local probate rules. Counties may have specific forms, fee schedules, and service requirements.