Detailed answer — Filing a family (“year’s”) allowance petition in Pennsylvania

Short summary: In Pennsylvania the allowance commonly called a “year’s allowance” is typically handled as a family allowance or support allowance out of a decedent’s estate to support the surviving spouse and minor children. When you file a petition you must identify the estate, explain who needs support, show the estate’s assets and liabilities, state the amount requested (and why), provide supporting documents (death certificate, relationship proof, financial statements), serve notice to interested persons, and ask the court to enter an order. The family allowance statute is in Title 20 of the Pennsylvania Consolidated Statutes (see Chapter 21). For the consolidated text, see: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=21.

What the court expects to see in the petition

Below is a practical checklist of the material you should include. Format your petition using the probate/Orphans’ Court caption for the county where the decedent’s estate is being administered.

• Court caption and case identifiers: The petition must appear under the Orphans’ Court/Probate caption for the county where the estate is opened. Include the estate docket number (or file number) if one already exists.
• Decedent identification: Full name of the decedent, date of death, last address, and place where the decedent’s estate is being administered.
• Petitioner identification and standing: Name, address, relationship to decedent (surviving spouse, child, personal representative, etc.), and the petitioner’s role (seeking allowance on own behalf or on behalf of others).
• Who needs support: List all persons for whom allowance is requested (surviving spouse, minor children, or other dependents). Provide ages for minor children and indicate any disabilities.
• Estate status and personal representative: State whether there is a will, who is the executor or administrator (if one has been appointed), and whether the estate has been opened with the Register of Wills or Orphans’ Court. Name and contact info for the personal representative or administrator, if known.
• Assets and income of the estate: A summarized inventory of known estate assets and liquid funds (cash on hand, bank accounts, life insurance payable to the estate, real property, retirement accounts payable to estate, etc.). If you do not have exact numbers, provide best available estimates and identify items that are unknown or contested.
• Liabilities and creditors: State known debts, liens, and pending creditor claims against the estate. The court considers these when deciding the amount it can safely allow.
• Statement of need and factual support: Explain why the surviving spouse/children need support from the estate (loss of decedent’s income, lack of other sources, immediate living expenses). Attach supporting documents where possible: recent paystubs for the decedent, bank statements, lease or mortgage statements, and documentation of the household expenses you are seeking to meet.
• Amount and duration requested: Specify the dollar amount sought for the allowance and confirm that you are asking for support for the one-year period after death (or the statutory period the court applies). Provide a brief schedule showing how you arrived at the amount (monthly needs × 12, or specific amounts per child/spouse).
• Proposed distribution method: Ask the court how payments should be made (lump sum or periodic payments) and whether payments should be charged to a particular account or asset.
• Relief requested: A clear paragraph asking the court to grant a family allowance in the requested amount, enter an order directing the estate’s representative to pay it, and set a hearing date if required.
• Proposed order: Attach a draft order for the judge to sign (this speeds processing in many counties).
• Verification and signature: The petition should be signed by the petitioner (or the petitioner’s attorney) and include a verification under penalty of perjury or the form required by local rules.
• Exhibits and supporting documents: Attach as exhibits: death certificate, marriage certificate (for spouse), birth certificates for minor children, any guardianship or custody paperwork, an inventory or preliminary statement of value of estate assets (if available), and any statements of monthly living expenses.
• Service and certificate of service: Prepare a Certificate of Service showing how and when the petition was served on the personal representative, heirs, devisees, creditors (as required), and the Register of Wills or Orphans’ Court. Follow the local rules for required notice recipients and methods (personal delivery, certified mail, or as required by county practice).

Practical points about timing, priority, and court discretion

– The family allowance is intended to support the decedent’s dependents while the estate is administered. Pennsylvania courts give it priority over many creditors’ claims, but the court will weigh the estate’s assets and creditor claims before setting the amount.

– File promptly. If you delay, necessary funds may be spent or distributed and the court may be less likely to approve a large allowance.

– The court has wide discretion. It may award less than requested or divide payments among the spouse and children according to need.

Where to file and local procedures

File the petition in the Orphans’ Court or the county court that handles probate matters where the decedent resided at death or where the estate is being administered. Local practice and required forms differ by county. Check the county Orphans’ Court or Register of Wills website for sample forms, filing fees, and specific notice rules.

For the controlling statutory chapter, see Title 20, Chapter 21 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=21

Helpful hints — quick checklist before you file

• Use the correct county probate caption and include the estate docket number if available.
• Attach a certified copy of the death certificate.
• Attach documentation of relationships (marriage/birth certificates).
• Provide a short, clear budget showing why the amount requested is necessary for one year.
• List known estate assets and creditor claims — transparency builds credibility with the court.
• Include a proposed order the judge can sign to speed processing.
• Serve all required parties and include a certificate of service complying with local rules.
• Consider requesting interim or partial payments if the estate is temporarily insolvent but immediate support is needed.
• Contact the county Register of Wills/Orphans’ Court clerk ahead of filing to confirm local filing steps and fees.
• If unsure, consult an attorney experienced in probate/estate administration to review your petition before filing.

Disclaimer: This article is educational only and is not legal advice. It summarizes general Pennsylvania considerations for a family (“year’s”) allowance petition. Every case differs. Consult a licensed Pennsylvania attorney or the local Orphans’ Court for advice tailored to your situation.