Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a licensed New Hampshire attorney or the probate court for guidance tied to your facts.
Detailed Answer
A “year’s allowance” (also called a family or statutory allowance in some jurisdictions) is a short‑term support allowance paid out of a decedent’s estate to help the surviving spouse and minor children maintain basic needs while the estate is being administered. In New Hampshire you must file your petition in the Probate Court in the county where the decedent lived.
When you prepare and file a year’s allowance petition in New Hampshire, include the following items and information to give the court what it needs to act promptly:
- Caption and case information: The probate court name and county, the decedent’s full name and date of death, the estate file number (if one already exists), and the petitioner’s name and contact information.
- Clear statement of the relief requested: State that you are asking for a year’s allowance (or family allowance) and the specific amount you request. Explain whether the request is for a surviving spouse, minor children, or other dependents entitled under New Hampshire law.
- Basis for entitlement: Describe your relationship to the decedent (e.g., surviving spouse, child), your dependency on the decedent, and any statute or rule you rely on. Note that courts look to the decedent’s obligations and family needs when deciding an allowance.
- Itemized budget or support needs: Provide a short, itemized statement of monthly or yearly needs (housing, food, utilities, medical costs, clothing, child care, transportation). The court uses this to evaluate the reasonableness of the amount requested.
- Estate information: A summary of known estate assets and anticipated receipts and disbursements. Include whether an inventory has been filed, and if not, provide best available estimates (bank accounts, real property, life insurance payable to the estate, retirement accounts, personal property). This helps the court determine the estate’s ability to pay the allowance.
- Debts, exemptions, and priority claims: Note existing claims against the estate (mortgages, taxes, funeral expenses) and any claims you know of that have priority. If the decedent claimed homestead or other exemptions, identify them.
- Supporting documents: Attach copies of the decedent’s death certificate, the petitioner’s marriage certificate or children’s birth certificates (to prove relationship), and any relevant financial records (bank statements, pay stubs, or bills). If another party holds funds for the estate, attach documentation.
- Notice information: Identify known heirs, beneficiaries, executors/administrators, and creditors and provide their names and addresses. Many courts require you to serve or certify that you have given notice to those parties; include a proposed notice form and a proposed order if your court uses them.
- Affidavit or verification: Many petitions must be sworn or signed under penalty of perjury. Include an affidavit verifying the facts you state in the petition and attesting to the accuracy of attached documents.
- Proposed order: Attach a clear, signed proposed order the judge can sign if the petition is granted. The order should explain the amount and duration of the allowance and instructions on payment (for example, paid from estate funds by the personal representative).
- Filing fee and form compliance: Check with the local probate clerk about filing fees and local form requirements. Some counties provide a fill-in petition form; using that form speeds processing.
Procedure highlights:
- File the petition in the Probate Court where the decedent lived at death. The Probate Court clerk can tell you which local form to use and whether the county requires additional documents or particular wording.
- The court typically requires notice to heirs and the personal representative. If urgent relief is needed, you can ask for an expedited hearing or temporary allowance; include facts that support urgency (no other source of support, imminent bills, risk of homelessness).
- If the court grants an allowance, it will set a dollar amount and method of payment (lump sum or periodic payments) and will specify how the payment fits into estate administration. The allowance is a charge against the estate and takes priority over general creditors in many cases.
Where to look for official information and forms:
- New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/probate/
- New Hampshire Revised Statutes Annotated (RSA) — searchable statutes: https://www.gencourt.state.nh.us/rsa/html/
Helpful Hints
- Contact the local probate clerk before you file. Clerks can confirm which forms to use, current filing fees, and whether the court requires notice to particular parties.
- Use a short, plain petition. Judges appreciate clear, organized petitions with an itemized support need and documentation supporting the estate’s ability to pay.
- Gather proof of relationship early (marriage certificate, birth certificates) to avoid delays at the hearing.
- If you are waiting on an executor or administrator to be appointed, ask the probate court about emergency or temporary allowances to avoid critical hardship while the estate is opened.
- Keep records of all notices and service. File certificates of service with the court after notifying heirs and interested parties.
- If the estate is insolvent or marginal, be prepared to justify why an allowance should be paid and whether it will impair creditor claims.
- Consider consulting a New Hampshire probate attorney if the estate is complex, if heirs dispute the request, or if you anticipate contested hearings.
Final note: Probate practice varies by county and judges may have different expectations about form and evidence. The probate clerk and local rules are your best starting point. Remember, this is general information and not legal advice.