Filing a year’s allowance petition in Michigan: what to include

Short answer: When you file a petition asking a probate court in Michigan for a year’s allowance (sometimes called a family allowance or year’s support), include clear identification of the estate and parties, a precise statement of who is seeking allowance and why, a specific dollar amount and proposed use, supporting financial facts and documents, proof of service/notice to interested persons, and a proposed order for the judge. Below is a step‑by‑step checklist and explanation so someone with no legal background can prepare a complete petition.

Detailed answer — what to include in the petition

1. Case and decedent identification

• Full name of the decedent as it appears on the death certificate.
• Probate court name and county where the estate is open (or where you will open it).
• Estate file number, if the estate is already opened. If not yet opened, indicate that you intend to open the estate or attach the application for appointment of a personal representative.
• Your full name, address, phone, and your relationship to the decedent (spouse, child, dependent, etc.).

2. Statement of authority to file

Say why you have the right to ask for a year’s allowance. Typical petitioners are the surviving spouse, minor children, or other dependents. If you are a guardian or conservator for an interested person, explain that capacity and include appointment documents.

3. Request and amount requested

• State clearly you are seeking a year’s allowance (or family allowance) for basic support for the surviving spouse and/or minor children.
• Give the exact dollar amount you request and the period it covers (for example, one year’s support starting on X date).
• Explain how you calculated the amount (monthly housing, utilities, food, medical, transportation — multiplied by 12, or other reasonable method).

4. Reasons and necessity

Briefly explain why the allowance is necessary. Include facts such as:

• Loss of decedent’s income.
• Immediate living needs (rent/mortgage, food, utilities, essential medical care).
• Insufficient liquid assets in the estate to cover current support.

5. Inventory of resources and estate assets (summary)

Provide a short summary of known estate assets and liquidity — bank accounts, life insurance proceeds payable to estate, retirement accounts, real estate equity, and known debts. This helps the judge decide whether short‑term allowance is appropriate.

6. List of interested persons and notice

• Name and contact information for the personal representative (if appointed) or the person you expect will be appointed.
• Names and addresses of heirs, beneficiaries, creditors known to you, and any other interested persons.
• State how and when you served or intend to serve notice of the petition. Attach proof of service or a proposed notice form if you haven’t served yet.

7. Supporting documents and evidence

• Affidavit or sworn statement from the petitioner describing need and facts supporting the request.
• Pay stubs, bank statements, bills, lease/mortgage statements, and other documents that show current expenses and income.
• Copy of the decedent’s death certificate (often required by the court).
• Copies of any estate inventory or preliminary account filings, if available.

8. Proposed order

Attach a proposed court order that: (1) grants the year’s allowance in the requested amount; (2) specifies how and from what estate account the allowance will be paid (for example, from estate funds held by the personal representative); and (3) sets any conditions or repayment terms if required by the court. Judges often appreciate a ready‑to‑enter order.

9. Hearing request and timeframe

Indicate whether you request an expedited hearing for immediate support. Provide proposed hearing dates and state any emergency facts (e.g., imminent eviction, utilities shutoff) that justify faster court action.

10. Filing, signature, and verification

• Sign the petition and include a verification/affidavit under penalty of perjury if your jurisdiction requires it.
• Attach any required filing fee or ask to proceed in forma pauperis if you cannot pay the fee.

How the court will evaluate the petition

The probate judge will look at:

• Whether the petitioner is an eligible person (spouse, minor child, dependent).
• Immediate need and whether the allowance is reasonable given the family’s normal standard of living.
• The estate’s available liquid assets and the effect of the allowance on estate administration.
• Notice to interested persons and any objections raised before or at the hearing.

Practical example (hypothetical)

Jane, the surviving spouse, files a petition in the county probate court where her spouse died. She lists the estate file number, names the personal representative, requests $24,000 as a year’s allowance (based on $2,000 per month for rent, utilities, food and transportation), attaches three months of bank statements and her lease showing $1,200 monthly rent, and serves notice on heirs. She files a proposed order and asks for a hearing within two weeks because she faces eviction. The petition includes an affidavit verifying the facts and a copy of the death certificate.

Where to file and forms

File the petition in the Michigan probate court for the county where the decedent lived at death. County probate courts publish local rules and required forms. For general probate information see the Michigan courts site: https://courts.michigan.gov. For statutory law governing estates and probate, see the Michigan Legislature site: https://www.legislature.mi.gov.

Statutes and rules to review

Michigan’s Estates and Protected Individuals Code (EPIC), commonly called MCL chapter 700, governs probate matters in Michigan. Also review local county probate court rules and the Michigan Court Rules for any procedural requirements. Useful starting points:

• Michigan Legislature home (search MCL chapter 700): https://www.legislature.mi.gov
• Michigan Courts — probate resources and local court links: https://courts.michigan.gov

Common pitfalls to avoid

• Failing to serve notice on all interested persons — objections may delay or block relief.
• Requesting an amount without supporting receipts or documentation.
• Not attaching a proposed order — many judges favor petitions that include a ready order.
• Waiting too long to ask for immediate relief when urgent needs exist — if you face eviction or disconnection, tell the court right away and ask for an emergency hearing.

Helpful Hints

• Be specific and factual. Judges grant allowances based on need and evidence, not general statements.
• Include current bills and bank statements — they make your request tangible and credible.
• Provide a short, clear calculation that shows how you reached the requested yearly total.
• Serve everyone listed on the estate’s probate notice list (heirs, beneficiaries, creditors known to you).
• If you cannot afford a lawyer, contact your local legal aid provider or the county probate court clerk for information about low‑cost help or court‑assistance resources.

Disclaimer: This article explains general information about preparing a year’s allowance petition under Michigan probate practice. It is not legal advice. For advice about your specific situation, contact a licensed Michigan probate attorney or your local probate court.