Detailed Answer — What a year’s allowance petition should contain in Montana

Montana law provides mechanisms so a surviving spouse and minor children can obtain reasonable support from a decedent’s estate while the estate goes through probate. When you prepare a petition asking the probate court for a year’s allowance (sometimes called a family allowance or allowance for support), include materials that let the court quickly determine who needs support, how much support is reasonable, and whether the estate can pay it.

The typical petition package should contain the following items and information:

• Caption and court information. The petition should be captioned with the name of the court (Montana district court for the county handling probate), the estate name (e.g., “Estate of [Decedent]”), and the estate case number if one has already been opened.
• Identity of the petitioner(s). Name, address, phone, and relationship to the decedent (surviving spouse, child, or the personal representative filing on behalf of a spouse/child). If a minor child is a petitioner, a parent or guardian usually signs for the child.
• Information about the decedent. Full name, date of death, last known address, and the person appointed (or applying to be appointed) as personal representative or administrator. Include the date letters were issued if available.
• Clear statement of the relief requested. Say you request a year’s allowance (or family allowance) and specify the total dollar amount requested or an itemized monthly amount for one year. Explain whether the request is for immediate interim support while the estate is administered or a specific one‑year allowance under Montana probate practice.
• Detailed budget and supporting income/expense breakdown. Provide an itemized budget showing your monthly household living needs (housing, utilities, groceries, medical, transportation, child care, insurance, etc.) and total for one year. Attach documentation where possible: current rent/mortgage statement, utility bills, medical bills, insurance premiums, and other recurring expenses.
• Inventory of estate assets and basic estate financial picture. A short summary of the estate’s known assets and liquid funds (bank accounts, cash, investments, insurance proceeds payable to the estate, proceeds from sale of property, etc.), or a copy of the inventory/initial account if one has been filed. This helps the court determine ability to pay.
• Supporting documents proving relationship and need. Typical attachments include the decedent’s death certificate, the petitioner’s marriage certificate (for surviving spouse) or the petitioner’s birth certificate (for children), and any proof of the petitioner’s current income (pay stubs, Social Security statements) to show need.
• Affidavit or declaration of necessity. A short sworn statement describing why the allowance is necessary immediately, showing financial hardship or lack of other sources of support. State whether the petitioner has received any support from the estate so far and list amounts.
• Service and notice information. State whether the personal representative and all interested persons (heirs, beneficiaries, creditors when required) have been served or will be served with the petition. Provide a proposed method and proof of service or a request that the court set a hearing and direct notice.
• Proposed order for the judge. Attach a proposed order the court can sign granting (or granting in part) the allowance. Include space for the judge to specify the allowance amount, payment schedule, and the source (estate funds or evidentiary instructions to the personal representative).
• Verification and signature. The petition must be signed and verified under oath or by declaration under penalty of perjury by the petitioner or the petitioner’s attorney to attest to the truth of the facts stated.
• Hearing request and timelines. Ask the court to set an expedited hearing if immediate support is needed; many courts will expedite allowance petitions to prevent hardship. Include proposed hearing dates if appropriate.

Practical note: Montana district courts follow local rules and may have local probate forms. Before filing, check the local court’s probate rules or the Montana Judicial Branch website for any required form or procedural steps.

For the governing statutory framework, consult Montana’s probate statutes (Montana Code Annotated, Title 72). See the Montana Code online for the probate and trust chapters: https://leg.mt.gov/bills/mca/title_72/. If you need the exact statutory language on allowances, search Title 72 on the Montana Legislature site or ask the court clerk for guidance.

Helpful Hints — Practical steps to improve your petition

• File early. Ask the court for an expedited hearing if the family lacks basic funds. Courts often prioritize allowance petitions.
• Be precise and realistic. Use bills, receipts, and pay stubs to justify the amount requested. Courts prefer concrete documentation over general statements.
• Serve all interested parties. Proper notice or waiver of notice avoids delays and objections. Serve the personal representative right away.
• Provide an inventory or current status of estate assets. If the estate has cash or liquid assets, the court will consider that when setting the allowance.
• Consider alternatives. Montana law also recognizes homestead allowances, exempt property, and final allowances under certain circumstances. Ask whether another remedy better fits your situation.
• Keep records. Save proof of any payments you receive from the estate and copies of all filings in the probate file.
• Talk to the personal representative. In many cases the PR will agree to a reasonable short-term payment without court action, especially if you provide a clear budget and documentation.
• Get help if the estate is contested. If heirs or creditors dispute the allowance or the estate lacks funds, consult a probate attorney for strategy and advocacy.