Detailed Answer
Under Oregon law, a “year’s allowance” (commonly called a family or family allowance) is a short-term support payment the court can order to assist a surviving spouse, dependent children, or others entitled to support while the probate estate is being administered. The estate pays the allowance before most other distributions or creditor claims. For statutory background, see the Oregon Revised Statutes, chapter 114: ORS chapter 114, and check the probate forms and instructions at the Oregon Judicial Department: courts.oregon.gov — Probate forms.
Who may ask for a year’s allowance
Typical petitioners include a surviving spouse, minor children, or another dependent who depended on the decedent for support. The personal representative (executor/administrator) also may ask the court to fix an allowance for the family.
When to file
File the petition early in the probate process — ordinarily immediately after the personal representative is appointed or when you first learn of the decedent’s estate administration. The court may enter a temporary allowance quickly to cover immediate needs and later adjust it after a full hearing.
Where to file
File the petition in the probate court handling the decedent’s estate — typically the county circuit court where the decedent lived when they died. Use the local probate forms and follow the court’s filing and service rules.
What to include in the petition
Make your petition clear, concise, and supported by documents. Include at least the following items:
- Case and court information: Probate case number (if available), county and court name, name of the personal representative (if already appointed).
- Decedent identification: Full name of the decedent and date of death.
- Petitioner information: Your full name, relationship to the decedent (spouse, child, etc.), mailing address, and contact information.
- Statement of entitlement: Explain why the petitioner is eligible for a family allowance (relationship, dependency, age or disability of children, etc.).
- Amount requested: State the amount you ask the court to allow (either a lump sum or a monthly amount). Explain how you calculated this amount — list monthly household expenses you need covered (housing, food, utilities, childcare, medical costs) and any other available income or resources.
- Estate information: Provide a brief inventory or description of the estate’s assets and their approximate values (bank accounts, real property, personal property), and whether there are immediate estate liabilities or pressing creditor claims.
- Supporting documents: Death certificate, marriage certificate or birth certificates showing relationship, copies of the decedent’s will (if any), letters testamentary or letters of administration if issued, recent bank statements or pay stubs for the petitioner to document need, and any bills or invoices showing current living costs.
- Notice and service statement: Identify who has been or will be served with notice of the petition (personal representative, beneficiaries, known heirs, and creditors as required). Attach proof of service or a proposed plan for service if the court requires it.
- Proposed order: Attach a proposed draft order that the judge can sign if the court grants the allowance. Include start date, amount, frequency (monthly or lump sum), and method of payment from the estate.
- Signature and verification: Sign the petition and include a verification or sworn statement if required by the court rules.
Procedure after filing
After you file the petition, the court will set a hearing date (or act on a motion for temporary relief). The court will require notice to interested persons — typically the personal representative and beneficiaries or heirs. At the hearing, the judge will consider the petitioner’s needs, other available resources, the size of the estate, and competing claims. The judge may grant a temporary allowance immediately and then confirm or modify it after the hearing.
How the court decides the amount
The judge balances the family’s reasonable needs and the estate’s ability to pay. The court considers:
- Petitioner’s living expenses and standard of living while the decedent was alive;
- Petitioner’s other income, assets, or support options;
- Size and liquidity of the estate and the need to preserve assets for creditors and other beneficiaries;
- Number and needs of other dependents.
The court may set a modest temporary monthly amount for immediate needs and adjust it after a full accounting.
Priority and effect on other claims
A court-ordered family allowance generally has priority over many unsecured creditor claims but may be subordinate to certain administrative expenses of the estate. This priority helps ensure dependents receive short-term support before final distributions.
If the petition is denied
You may be allowed to request reconsideration or to file further evidence at a subsequent hearing. If you disagree with the court’s order, consult an attorney about options to appeal or modify the allowance, but note deadlines for appeals.
Helpful Hints
- Use clear, itemized budgets. Judges respond to concrete numbers and documentation (rent/mortgage, utilities, food, childcare, medical costs).
- Attach supporting documents whenever possible — birth or marriage certificates, the death certificate, recent statements showing income or lack of funds, and the estate inventory if available.
- File early. Requests made promptly after appointment of a personal representative often receive temporary relief faster.
- Provide accurate notice. Failing to serve required parties can delay the hearing or lead to the court denying the petition without prejudice.
- Consider a temporary request. If you need immediate help, ask for a temporary allowance and a full hearing later with detailed evidence.
- Keep records. Track how any allowance is used and maintain receipts — the court or personal representative may later request accounting.
- Check local court rules and forms. Probate practice varies by county; use the Oregon Judicial Department’s probate page for forms and local instructions: courts.oregon.gov — Probate forms.
Disclaimer: This article provides general information about Oregon probate practice and does not constitute legal advice. Laws change, and specific facts can change the outcome. For advice about a particular situation, contact a licensed Oregon attorney or the court clerk in the county handling the probate.