How to Prepare a Petition for a Year’s Allowance in Ohio: Documents and Checklist

This FAQ-style guide explains what to include when you ask an Ohio probate court for a year’s allowance (often called a family or year’s allowance). It lists the typical documents, factual assertions, and procedural steps the court expects so the judge can decide whether to grant support from the decedent’s estate. This is educational only and not legal advice.

Detailed answer — what to include and why

Ohio law allows a surviving spouse and certain dependents to request a family (year’s) allowance from the decedent’s probate estate to provide short-term support during administration. The court will look for clear information about your identity, relationship to the decedent, the estate’s assets and income, and why you need funds now. Below is a practical checklist and explanation of each item a petition should include.

1. Case caption and identifying information

• Probate court name and county where the estate is opened.
• Estate case number (if already opened) or a request to open probate administration.
• Decedent’s full name and date of death.
• Petitioner’s full name, address, telephone, and relationship to the decedent (e.g., surviving spouse).

2. Statement of legal basis and relief requested

• A short legal basis referencing Ohio probate law allowing family/year’s allowances (see Ohio Revised Code and local probate rules).
• Clear request for the specific relief: a year’s allowance in a stated dollar amount or a request that the court fix an amount it deems reasonable.

3. Facts supporting the petition

• Relationship facts: marriage certificate for a spouse, birth certificates for minor children, or other proof of dependency.
• Summary of the petitioner’s living situation and support needs (e.g., dependent spouse with no income; minor children needing immediate housing and food).
• Description of the decedent’s assets known so far (bank accounts, real estate, retirement accounts, personal property) and whether an executor/administrator has been appointed.

4. Financial detail: income, expenses, and estate cash flow

• Petitioner’s monthly income and regular expenses (rent/mortgage, utilities, medical, childcare). Attach a simple budget if possible.
• Any short-term cash available from the estate (life insurance paid to the estate, bank balances) or other parties.
• Estimates of how long the estate administration will take (if known) and why immediate funds are needed.

5. Supporting documents to attach

• Certified or unofficial copy of the decedent’s death certificate.
• Marriage certificate or children’s birth certificates showing the relationship.
• Affidavit of the petitioner declaring the truth of the factual statements and of inability to provide for support from other sources (if applicable).
• Copies of recent pay stubs, bank statements, bills, or mortgage statements that document need.
• If an executor/administrator exists, a copy of the letters testamentary or letters of authority (if already issued).

6. Notice and service information

• Identify all interested parties (named beneficiaries, heirs, the personal representative, known creditors). The petition should state how you will notify them or request the court to order notice.
• Include a proposed order and proposed form of notice if the local probate rules require.

7. Proposed order and accounting terms

• Submit a proposed court order granting the allowance and specifying amount, payment schedule (lump sum or periodic), and source (paid from estate assets as an allowance before distribution).
• If you want the allowance charged against specific estate property or treated as a priority claim, explain and propose language for the order.

8. Hearing request and estimated time

• Ask for a hearing if required by local rules or if facts are disputed.
• Indicate the urgency (emergency or non-emergency) and request expedited consideration if you face immediate hardship.

9. Signature and verification

• Petitioner’s signature and date.
• Notarization of the petitioner’s affidavit and verification if the court requires it.

How the court evaluates the petition

The court will evaluate whether the petitioner is entitled to a year’s allowance, whether the amount requested is reasonable based on the petitioner’s needs and the estate’s ability to pay, and whether the allowance fairly balances the rights of other beneficiaries and creditors. Courts often prefer specific documentation of need and a clear, reasonable budget.

For general statutory background on family or year’s allowances in probate, consult the Ohio Revised Code and your local probate-court rules (Ohio statutes and local rules vary by county): Ohio Revised Code (codes.ohio.gov).

Practical checklist (ready-to-file checklist)

• Completed petition form with case caption and relief requested.
• Death certificate (copy).
• Proof of relationship (marriage certificate, birth certificates).
• Affidavit of need and financial statements (income and expenses).
• List of estate assets known and whether an administrator/executor exists.
• List of interested parties and proposed notice method.
• Proposed order for the judge to sign.
• Filing fee or fee waiver request as required by the probate court.

What happens after you file

• The court clerk will review filing requirements and set a hearing or rule on the petition by written order.
• Interested parties can object; the court may hold a hearing to resolve disputes.
• If granted, the order will direct payment from the estate and describe how the allowance is charged against distributions.

Helpful links

• Ohio Revised Code (codes.ohio.gov) — use this site to search for probate and family allowance statutes and local probate-court links.
• Search your county probate court website for local forms, filing fees, and hearing procedures (county sites vary).

Helpful Hints

• Prepare a clear one-page summary of monthly income and expenses—the judge wants concrete need demonstrated quickly.
• Attach documentation for big items (mortgage or rent, medical bills). The court relies on proof rather than general statements.
• Notify the personal representative or executor before filing when possible to reduce surprise and opposition.
• If funds are urgently needed (eviction, medical care), tell the court and ask for expedited review or a temporary emergency allowance.
• File a proposed order with your petition so the judge can sign an order quickly if facts are uncontested.
• If you cannot afford a lawyer, ask the probate clerk about self-help forms or local legal aid resources that assist with family allowance petitions.

Disclaimer: This information is educational only and does not constitute legal advice. Every case differs. Contact a licensed Ohio probate attorney or the local probate court to discuss the facts of your situation and court-specific procedures.