Filing a Year’s Allowance (Family Allowance) in Minnesota: What to Include

Quick overview: In Minnesota, a surviving spouse or dependent child can request a family (year’s) allowance from the decedent’s probate estate to provide support during estate administration. The court considers the needs of the family, the size of the estate, and other available resources. The petition must give the court enough factual and documentary information to evaluate need and protect the rights of creditors and other heirs.

Detailed answer

This section explains what a year’s allowance (often called a family allowance) is, who may request it, and the specific items you should include when you file a petition in Minnesota probate court.

What is a year’s/family allowance?

A family allowance is a short-term financial allowance the probate court may order from the decedent’s estate to support a surviving spouse and minor children while the estate is being administered. Its purpose is to prevent immediate hardship while assets are gathered, debts are paid, and the estate is distributed.

Who can ask for a family allowance?

• The surviving spouse
• Minor children or their guardian
• Others who were legally dependent on the decedent, if Minnesota law or local practice allows

Where to file

File the petition in the probate court for the county where the decedent was domiciled at death. Check local court forms and rules; many Minnesota district courts provide guidance and sample forms through the Minnesota Judicial Branch (https://www.mncourts.gov/Help-Topics/Probate.aspx). For the statutory framework for probate in Minnesota, see Minnesota Statutes chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

Required content for the petition

Your petition should be clear, factual, and supported by documents. At minimum include the following elements:

1. Caption and case information:
   • County and court name
   • Probate file number (if already opened) or a request to open probate
   • Decedent’s full name and date of death
2. Petitioner identification:
   • Petitioner’s full name, address, phone number, and relationship to the decedent (e.g., surviving spouse, guardian for child)
   • If represented, the attorney’s contact information
3. Statement of standing and legal basis:
   • A short legal statement that the petitioner is entitled to request a family allowance under Minnesota probate law (cite the probate chapter generally: Minn. Stat. ch. 524).
4. Description of need and proposed amount:
   • Explain the petitioner’s living expenses (housing, utilities, food, medical, childcare, transportation, insurance, etc.). Provide monthly amounts and explain why the allowance is needed during estate administration.
   • State the total amount requested and the requested duration (commonly up to one year but describe the time you seek and the justification).
5. Inventory of assets and estate information:
   • Estimate the gross and net probate estate value, including liquid assets available to pay an allowance (bank accounts, cash, personal property that will be quickly converted to cash).
   • List major non-probate assets you know of (life insurance, jointly titled property, retirement accounts) and whether those provide support to the petitioner.
6. Other resources and income:
   • Disclose any income or support the petitioner already receives (Social Security survivor benefits, pensions, employment income, public assistance).
7. Creditors and potential contesting parties:
   • Name interested persons and beneficiaries (heirs, named beneficiaries, creditors) so the court can order proper notice. Include contact information if known.
8. Supporting documents (attach to the petition):
   • Death certificate or copy
   • Marriage certificate or proof of relationship to decedent (for spouse)
   • Birth certificates for minor children or custody/guardianship paperwork
   • Recent bank statements and pay stubs demonstrating petitioner’s finances and expenses
   • Preliminary or filed estate inventory, if available
   • Any written leases, mortgage statements, medical bills, or expense records that support the monthly amounts claimed
9. Proposed order or form of judgment:
   • Include a proposed court order the judge can sign that sets the allowance amount, payment schedule, and any conditions (for example, requiring repayment from estate distributions if necessary).
10. Verification and signature:
    • Affidavit or verification that the information in the petition is true to the best of the petitioner’s knowledge; signature and date.
11. Proof of service/certificate of mailing:
    • Describe how you will notify interested persons and creditors of the petition (many courts require formal service or mailing and a certificate to the court showing who was served and when).

Process and timing

After filing, the court clerk will set a hearing or rule on the petition. Minnesota courts typically require notice to interested persons; the court may grant a short-term allowance quickly if urgent need is shown. The judge will weigh the petitioner’s immediate needs against the estate’s ability to pay and the rights of creditors and heirs.

Possible outcomes

• The court may grant the full amount requested, a smaller amount, or deny the request.
• The court may order periodic payments from estate funds or a lump sum payment.
• The court may set repayment terms if later distributions to beneficiaries make repayment appropriate.

Helpful Hints

• Use local court forms when available—many Minnesota districts have sample petition and proposed order templates on the Minnesota Judicial Branch site: https://www.mncourts.gov/Help-Topics/Probate.aspx.
• Be specific about monthly needs and attach bills/receipts; judges rely on documented expenses.
• Disclose all income and assets. Hiding resources can delay the petition or lead to denial.
• Provide clear contact information for heirs and beneficiaries so the court can order appropriate notice.
• If the situation is urgent (no money for basics), say so in the petition and ask for an expedited hearing or temporary order.
• Keep copies of everything filed with the court and proof of service to interested persons.
• Consider consulting a probate attorney if the estate is large, controversial, or if you expect objections from heirs or creditors.

Where to get more information

General probate rules and forms: Minnesota Judicial Branch – Probate Help: https://www.mncourts.gov/Help-Topics/Probate.aspx. For the Minnesota probate statutes, see: https://www.revisor.mn.gov/statutes/cite/524.