Filing a Year’s Allowance Petition in Nebraska: What to Include

Detailed Answer

Under Nebraska law, a “year’s allowance” is generally treated as a family allowance granted out of a decedent’s probate estate to support the surviving spouse and minor or dependent children during administration. The Nebraska Probate Code authorizes the court to set a reasonable allowance for the support of the surviving spouse and dependents while the estate is being settled (see Neb. Rev. Stat., Chapter 30: https://nebraskalegislature.gov/laws/browse-statutes.php?title=30). This article explains the typical items courts expect to see when someone files a petition asking for a year’s allowance in Nebraska.

Who may request a year’s allowance?

Common petitioners include the surviving spouse, a minor child, or the personal representative of the estate on behalf of an eligible family member. The petitioner should identify their relationship to the decedent and explain why they need support from the estate during the administration period.

Essential elements to include in the petition

When you prepare a petition for a year’s allowance, include the following items. Including all of them increases the chance the court has enough information to act promptly.

• Caption and case information: Court name (probate court of the county where probate is filed), case number (if opened), and title (e.g., “In the Matter of the Estate of [Decedent]”).
• Petitioner identification: Full name, address, relationship to the decedent, and whether the petitioner is the surviving spouse, a child, or the personal representative.
• Decedent information: Full name, date of death, place of residence at death, and short statement that probate has been or is being opened in that county.
• Legal basis and request: A clear statement that you request a year’s allowance (family allowance) under the Nebraska probate provisions and the amount you ask the court to allow for the one-year period.
• Statement of need and budget: A concise explanation of the petitioner’s current monthly living expenses (housing, utilities, food, medical, transportation, childcare, insurance, and other necessary costs) and an explanation of any special needs. Attach a simple budget showing monthly expenses and total one-year need.
• Income and resources: List the petitioner’s current income (wages, Social Security, pensions, rental income, etc.), assets, and other available sources of support. Note any property the petitioner expects to receive outside of the family allowance (e.g., exempt property, jointly held assets, life insurance proceeds payable outside probate).
• Estate assets and administration status: A description of the estate’s likely assets, current inventory (if filed), liquid assets available for distribution, and whether the personal representative has been appointed. If no inventory exists yet, include the best available estimate of estate value and liquidity.
• Creditors and claims impact: A short statement acknowledging that an allowance may affect funds available to pay creditors, and whether there are substantial creditor claims or secured debts that will limit available funds.
• Supporting documents: Attach key documents such as the decedent’s death certificate, marriage certificate (if spouse), birth certificates (for minor children), any available inventory or estate accountings, the petitioner’s pay stubs or benefit statements, bank statements, and a proposed order for the judge to sign.
• Notice and service information: State that you will (or have) served the petition on the personal representative/executor, known heirs, and interested parties per Nebraska probate rules. Include a proposed method and timeline for service and request a hearing date if required.
• Verification and signature: The petitioner’s signature and a verification (sworn statement) that the facts in the petition are true to the petitioner’s knowledge. Include contact information for the petitioner or their attorney.

What the court will consider

The court will evaluate whether the requested amount is reasonable in light of the decedent’s estate, the petitioner’s needs and other income sources, and competing claims of creditors. The judge has discretion to allow a portion of the requested amount, order periodic (monthly) payments, or deny the petition if the estate lacks sufficient resources.

Timing and procedure

File the petition after opening probate or as soon as the need for support becomes apparent. The court may act at an initial hearing or set a separate hearing with notice to interested parties. If immediate support is needed, ask the court for an interim allowance and explain the urgency and short-term needs.

Helpful Hints

• Prepare a simple one-year budget showing monthly expenses and total amount requested; judges often favor concrete numbers over vague statements.
• Attach proof of relationship (marriage license, birth certificates) and the death certificate to avoid delays.
• Provide the estate inventory or a realistic estimate of liquid assets so the court can evaluate the estate’s ability to pay the allowance.
• Serve the personal representative and all known heirs or interested parties according to Nebraska probate rules and include proof of service with the petition.
• If a personal representative is not yet appointed, explain why immediate relief is needed and who manages estate assets until appointment.
• Be honest about other income sources (Social Security, pensions). The court will consider those when deciding the allowance.
• Draft a proposed order granting the allowance and specifying payment timing (lump sum or monthly). This saves the court time and helps the judge act quickly.
• Keep copies of every document you file and all receipts and records of expenses paid from any allowance the court awards.

Where to read the law: See the Nebraska Probate Code for statutory language on family allowances and probate procedure: Neb. Rev. Stat., Chapter 30.

Disclaimer: This article explains general Nebraska probate concepts and common practices. It is for informational purposes only and is not legal advice. For guidance tailored to your case, consult a licensed Nebraska probate attorney.