Short answer

When you petition a North Dakota probate court for a year’s allowance (often called a family allowance), your petition should identify the petitioner and decedent, explain the relationship to the decedent, state the allowance amount you seek and why you need it, describe the estate’s assets and liabilities, and attach proof documents (death certificate, marriage/birth certificates, inventories). You must file the petition in the court handling the decedent’s probate and follow service and notice rules so interested parties can respond.

Detailed answer — what to include and why

North Dakota law provides a way for a surviving spouse and minor children (and in some situations other dependents) to ask the probate court for money to support the family while the estate is being administered. The petition triggers a court review and, frequently, a short hearing. Below is a practical checklist of what to include in that petition and why each item matters.

1. Caption and court information

Start with the probate case caption: the decedent’s name and the court file number for the estate. File the petition in the probate court where the estate is open. If the estate is not yet opened, file the petition in the proper county probate court and include a request to open probate if necessary.

2. Identity of petitioner and relationship to decedent

State your full name, address, and your relationship to the decedent (for example, surviving spouse or parent of a minor child). If you are filing on behalf of a minor child, identify the child and state your authority to act (guardian, parent, etc.).

3. Basic facts about the decedent and the estate

• Date and place of death of the decedent.
• Whether a will exists and who is named as personal representative (executor or administrator) if known.
• Approximate value and type of estate assets (cash, bank accounts, real property, retirement accounts), and any known debts or secured claims.

4. Legal basis and statutory citation (optional but helpful)

You can reference North Dakota probate law that governs family allowance and probate procedures so the court understands the relief you seek. For background information about probate and related statutes, see the North Dakota Century Code — Title 30.1 (Decedents’ Estates): https://www.legis.nd.gov/cencode/t30.1. Also consult North Dakota court probate resources: https://www.ndcourts.gov/legal-resources/probate.

5. Statement of need and proposed amount

Explain exactly why you need a family or year’s allowance and for what period (commonly to cover living expenses for up to one year while the estate is settled). Provide a reasonable breakdown of the amount sought — for example monthly housing, utilities, food, health insurance, childcare, and transportation — and multiply by the period you request. Courts decide allowance amounts based on the family’s needs and the estate’s ability to pay.

6. Supporting documents

Attach documents that substantiate your identity, relationship, and the estate’s situation. Common attachments include:

• Death certificate for the decedent.
• Marriage certificate (if petitioner is surviving spouse) and birth certificates for dependent children.
• Affidavit or statement of household expenses (itemized monthly budget).
• Preliminary inventory or list of known estate assets and account balances, if available.
• Any correspondence from the personal representative about estate assets or distributions.

7. Service, notice, and proposed order

Tell the court who should receive notice: the personal representative (if one has been appointed), beneficiaries, and known creditors. Include a proposed order the judge can sign granting (or denying) the allowance. The court will typically require formal service or at least notice to interested parties so they can object.

8. Signature, verification, and filing fee

Sign and date the petition. Some courts require the petition to be sworn (verified) under penalty of perjury. Check the county probate clerk’s filing fee schedule and include payment or ask for a fee waiver if you cannot pay.

9. Be prepared for a hearing

The court often sets a short hearing. Be ready to explain the family’s financial needs, provide documentary support, and answer questions about estate assets and creditors. The personal representative or other beneficiaries may attend and object.

10. Priority and effect of an allowance

An approved family/year’s allowance is intended to support the spouse and minor children during administration. In many probate systems, family allowances take priority over some claims and distributions, but exact priority rules depend on statute and case law. If you believe the estate is small or contested, mention this to the court and ask the court to set an allowance promptly.

Practical sample structure for a petition (outline)

1. Case caption and court information
2. Title: Petition for Family (Year’s) Allowance
3. Identification of petitioner(s) and relationship
4. Statement of facts about the decedent and estate
5. Statement of need and proposed amount with itemized budget
6. List of attachments and exhibits
7. Notice statement and list of persons to be served
8. Signature and verification
9. Proposed order for judge

Helpful Hints

• File early. Ask for a temporary or interim allowance if the estate is slow to administer and you need money right away.
• Bring documentation to the hearing: proof of relationship, a simple household budget, and any bank statements showing lack of funds.
• If you are not the surviving spouse or parent but are supporting a dependent, explain your legal standing and relationship clearly.
• Give clear, itemized numbers — courts prefer practical budgets over vague claims.
• Provide accurate contact information for the personal representative and all beneficiaries so the court can order proper notice.
• If the estate is contested or insolvent, consult a probate attorney quickly — disputes can affect allowance priority.
• Check local probate court rules and the clerk’s office for form petitions or filing checklists specific to your county.
• Use the North Dakota Century Code site as a starting place for statutory language: https://www.legis.nd.gov/cencode/t30.1.