Overview — Year’s Allowance in Maryland

What this is: A year’s allowance (sometimes called a year’s support) is a petition a surviving spouse or minor children can file to request a court-ordered sum from a decedent’s estate to cover basic living needs for the first year after death. The allowance is a short-term protective measure while the estate is opened and administered.

Important: This article explains typical Maryland practice and the documents and information courts commonly expect when you file. It is educational only and not legal advice. Consult a licensed Maryland attorney for personalized guidance.

Who may file and where to file

In Maryland, the petitioner is usually the surviving spouse or a guardian for minor children. You file the petition in the Orphans’ Court (or the Register of Wills/Probate division where the decedent’s estate is being administered). If no probate has been opened yet, you may file with the Register of Wills in the county where the decedent lived.

At-a-glance checklist: what to include with the year’s allowance petition

• Caption and case information — Name of decedent, date of death (if known), estate file number (if probate opened), county and court where the petition is filed.
• Petition form or pleading — A written petition titled something like “Petition for Year’s Allowance” stating the amount requested and the reasons for it. If your court has a form, use that form.
• Petitioner identification and relationship — Full name, address, contact information of petitioner and statement of relationship to decedent (e.g., surviving spouse; parent of minor child).
• Proof of death — Certified copy of the decedent’s death certificate (or preliminary evidence if certificate is pending).
• Proof of marriage or parental relationship — Marriage certificate for a surviving spouse or birth certificates / court guardianship papers for minor children.
• Statement of household needs and requested amount — An itemized budget showing the monthly or one‑time needs (housing, food, utilities, medical care, child care, transportation) and the total amount requested for one year. Be specific and realistic.
• Income and asset disclosure for petitioner — Recent pay stubs, benefit statements (Social Security, pension, unemployment), bank statements, and list of personal assets. The court weighs the petitioner’s own means when deciding the allowance.
• Basic estate information — If available, a preliminary list or copy of the estate inventory, known assets (bank accounts, personal property), and identification of the personal representative or administrator.
• Notice and proof of service — Proof that you gave required notice to the personal representative (executor/administrator), heirs, and known creditors, if the court’s rules require it. Typically courts expect notice to the personal representative and interested persons before a hearing.
• Affidavit or verification — A signed statement under oath verifying the truth of the petition’s facts and the petitioner’s financial statements.
• Supporting documents — Lease or mortgage statements, utility bills, medical bills, child care invoices, and other documents that substantiate the cost estimates in your budget.
• Proposed order — A draft order the judge can sign granting (or partially granting) the requested allowance and specifying payment arrangements.
• Filing fee and contact information for counsel — Include the court’s filing fee (if required) and the contact information for any attorney representing the petitioner.

How the court decides how much to award

Maryland courts consider several factors when evaluating a year’s allowance petition:

• Petitioner’s immediate and reasonable needs for living, health, and support.
• Petitioner’s available income and assets.
• Size and liquidity of the decedent’s estate.
• Whether the allowance will prejudice creditors or other lawful claims against the estate.

Courts typically award an amount sufficient for basic support, not to replicate the decedent’s full prior standard of living. The allowance often has priority over distribution to heirs but may be subject to estate administration rules. Because statutory details and practice vary, talk to a Maryland probate attorney or the Register of Wills for county-specific rules.

Timing and procedure tips

• File the petition promptly. A year’s allowance is meant to provide immediate support while probate proceeds.
• Give notice to the personal representative or executor as soon as possible. Courts will want to know the administrator had opportunity to be heard.
• Bring originals and multiple copies of key documents to the hearing (death certificate, IDs, receipts). Courts often require paper copies for the file.
• If the estate has limited cash but significant non-cash assets, the court may order payment from personal property proceeds or authorize a sale/advance. Be prepared to discuss liquidity options.

Where to find Maryland rules and forms

For statutory text and to learn the exact statute language, search the Maryland General Assembly website (use the site’s search for “Estates and Trusts” and “year’s allowance”): https://mgaleg.maryland.gov.

For local filing procedures, forms, and contact information for the Register of Wills and Orphans’ Courts, see the Maryland Judiciary’s probate help pages: https://www.mdcourts.gov/legalhelp/probate.

Helpful Hints

• Prepare a clear, itemized budget that distinguishes essential from discretionary expenses.
• Collect documentary support before filing — receipts, bills, and benefit statements make petitions stronger.
• If an executor opposes the petition, consider mediation or ask the court for a hearing where you present evidence of need.
• Keep copies of everything you file and proof of service to other interested parties.
• If the decedent had a small estate, the court may resolve the petition more quickly; check small‑estate rules in your county.
• Ask whether your county provides a standard year’s allowance form; using the court’s form speeds processing.
• Even if you intend to represent yourself, consult briefly with a probate attorney — many offer limited-scope advice for filing and hearings.

Final reminder and next step

This summary explains common Maryland practice but does not replace legal advice. If you plan to file a year’s allowance petition, contact the Register of Wills in the county where the decedent lived or consult a Maryland probate attorney to confirm local forms, filing steps, and statutory deadlines.

Disclaimer: This is general information only and not legal advice. For advice about your specific situation, consult a licensed attorney in Maryland.