How to Prepare a Year’s Allowance (Family Allowance) Petition in Oklahoma
Disclaimer: I am not a lawyer. This is general information and not legal advice. For advice about your situation, consult a licensed Oklahoma attorney.
Detailed Answer — What to include and how the process works under Oklahoma law
In Oklahoma, a year’s allowance (often called a family or statutory allowance) is a court-ordered payment from a decedent’s estate to support the surviving spouse and certain dependents while the estate is being administered. You typically file the petition in the probate case where the decedent’s estate is being administered (or you may open a probate if none exists). The probate judge decides whether to grant an allowance and sets a reasonable amount based on the estate and the family’s needs.
Relevant statutes for decedents’ estates are contained in Title 58 of the Oklahoma Statutes. See Title 58 — Wills and Decedents’ Estates for full statutory context: https://www.oklegislature.gov/osstatuestitle.html?title=58.
Key items to include in your year’s allowance petition
- Caption and case information
- Name of the court (county probate court where the estate is opened).
- Probate case name and number (if the estate is already open).
- Title the document clearly as a “Petition for Year’s Allowance” or “Petition for Family Allowance.”
- Petitioner identification
- Full legal name of the petitioner(s) (surviving spouse, minor children acting by guardian, or other dependents).
- Relationship of each petitioner to the decedent (spouse, child, dependent).
- Contact information for the petitioner or petitioner’s attorney.
- Decedent identification
- Full legal name of the decedent and date of death.
- Probate personal representative or administrator’s name, if appointed.
- Statement of legal basis
- Simple citation to the probate authority — e.g., that a statutory family/year’s allowance is authorized under Oklahoma probate law (Title 58).
- Facts showing entitlement and need
- Explain why the petitioner qualifies (surviving spouse, minor child, or other dependent) and why support is needed during administration.
- Describe the petitioner’s current living situation and immediate expenses (housing, utilities, medical bills, food, childcare, transportation).
- Amount requested and justification
- State the amount you request for the year and how you calculated it (monthly budget x 12 months or a lump-sum figure). Courts expect a reasonable figure based on the decedent’s estate and the family’s needs.
- If you ask for a periodic allowance (monthly), explain the proposed payment schedule.
- Estate assets and available income
- A short inventory or summary of estate assets and any estate income (cash on hand, bank accounts, retirement accounts, real property, ongoing wages or benefits) so the court can assess the estate’s ability to pay.
- List of heirs, beneficiaries, and creditors
- Name and contact info for known heirs and beneficiaries so the court can ensure notice. Include the personal representative/administrator.
- Affidavit and supporting documents
- Attach an affidavit from the petitioner verifying the facts stated.
- Attach supporting documents: death certificate, proof of income or lack thereof, recent pay stubs, bills, lease or mortgage statement, bank statements, and any existing estate inventory or appraisals.
- Proposed order
- Include a proposed order for the judge to sign that specifies the allowance amount, payment schedule, and source of funds (estate account, sale of assets, etc.).
- Notice and service information
- State how and when you will give notice of the petition to the personal representative, heirs, beneficiaries, and known creditors. Oklahoma law and local court rules require proper notice so interested parties may object.
- Attach proof of service or propose how you will serve parties (mail, personal service, or as court rules require).
- Filing fee and case processing
- Include information about payment of filing fee or if you plan to ask to waive fees (some courts allow in forma pauperis filings if qualified).
How the court evaluates the petition
The judge will look for evidence that the petitioner is entitled to statutory support, that the requested amount is reasonable for one year, and that the estate can reasonably pay the allowance. The judge balances the needs of the family against the rights of creditors and other estate beneficiaries. If parties object, the court will hold a hearing where evidence and testimony are presented.
Helpful Hints
- Start early: File the petition soon after the decedent’s death or after you are appointed personal representative. Courts commonly resolve family allowance requests early in administration.
- Be specific: Include a clear, itemized budget showing monthly needs and anticipated one-year costs. Judges respond to concrete documentation.
- Attach evidence: Bank statements, bills, rent or mortgage statements, and proof of income strengthen your petition.
- Give full notice: Serve the personal representative, all heirs and beneficiaries, and known creditors. Proper notice reduces the chance of delays or objections overturning the allowance later.
- Include a proposed order: Judges appreciate a clean, ready-to-sign order that spells out the amount and method of payment.
- Consider temporary relief: If you need immediate funds, ask the court for an expedited hearing or interim allowance pending full hearing.
- Talk to the personal representative: If the estate representative agrees, they may voluntarily pay an allowance without a contested hearing.
- Get legal help when needed: If the estate is large, contested, or if creditors object, consult a probate attorney to protect your rights and help present evidence effectively.
Next steps
1) Locate the decedent’s probate case or open probate in the county where the decedent lived. 2) Draft the petition including the items above. 3) File the petition with the probate court clerk and pay required fees. 4) Serve notice on required parties and attend the hearing with supporting documents. 5) If the court grants an allowance, the judge will enter an order directing how the estate must pay it.
For statutory language and related probate rules, review Title 58 of the Oklahoma Statutes: https://www.oklegislature.gov/osstatuestitle.html?title=58. Local county court clerks and the Oklahoma State Courts website can provide filing requirements and local forms.
Remember: This summary is educational only and does not replace personalized legal advice from a licensed Oklahoma attorney.