What to include when you file a year’s allowance (family allowance) petition in Texas

Quick summary: In Texas the statutory concept commonly called a “year’s allowance” is handled through the probate court as a family allowance for the surviving spouse and minor children. When you file a petition asking the court for a family allowance, your petition should identify the parties, explain the need, describe the estate, request a specific allowance or temporary emergency relief, and attach documents that prove identity, relationship, assets, income, and expenses.

Disclaimer

This is general information and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Texas probate attorney.

Detailed answer — what to include in the petition

Below is a practical checklist and an explanation of the items a typical Texas probate court will expect when you petition for a family allowance (commonly sought as a year’s allowance for support while the estate is being administered).

1. Caption and basic case information

• Name of the court (probate court or county court at law in the county where the decedent was domiciled)
• Cause number (if the estate is already open; otherwise the filing will begin the probate case)
• Style of the case: “In the Estate of [Decedent’s full name], Deceased”

2. Identification of petitioner and beneficiaries

• Your full name, address, phone, and relationship to the decedent (surviving spouse, child, personal representative, etc.). If you are the personal representative or seeking appointment, identify that role.
• Full names, dates of birth (or ages), and addresses of the surviving spouse and any minor children for whom you seek allowance.

3. Proof of death and basic facts about the decedent

• Decedent’s full legal name, date of death, and last domicile (city and county in Texas).
• Certified copy of the death certificate (attach as exhibit).

4. Nature of the request and legal basis

• Clear statement that you are requesting a family allowance for support during administration (sometimes called a year’s allowance).
• Reference to the Texas probate statute that authorizes the court to order a family allowance (see Texas Estates Code — probate court authority for family allowance).

5. Specific amount requested and how it was calculated

• The dollar amount you request for the entire allowance or a monthly amount for the allowance period. Courts often want to see a calculation showing reasonable living expenses (housing, utilities, food, health care, child care, transportation, insurance, and similar needs).
• If requesting a temporary or emergency allowance while the estate is open, explain the immediate need and requested short-term amount.

6. Financial information about the estate

• Known assets and an approximate total estate value (bank accounts, real property, vehicles, personal property, retirement accounts subject to probate, etc.).
• Known liabilities and creditors, if available.
• Whether the estate is solvent or likely to be insolvent (if known).

7. Financial information about the petitioner and dependents

• Income sources for the surviving spouse/children (wages, Social Security, pensions, other benefits) and monthly amounts.
• Monthly expenses and a short budget showing the gap that the family allowance would fill.

8. Supporting documents and exhibits to attach

• Death certificate (certified copy).
• Marriage certificate (if claiming as surviving spouse) and birth certificates for minor children to prove relationship/parentage.
• Preliminary inventory or list of estate assets if available; bank statements and recent pay stubs that show income and expenses.
• Copy of the will (if any) and any Letters Testamentary or Letters of Administration if already issued.
• Proposed order for the judge to sign granting the allowance (some counties prefer you submit a proposed order).

9. Notice and service information

• Identify all interested persons and their addresses (heirs, beneficiaries, devisees, creditors known at filing) to whom you will give notice.
• State whether you have served or will serve notice and the method of service (mail, personal service) consistent with Texas probate rules.

10. Request for hearing or emergency relief

• Ask the court to set the matter for hearing. If immediate funds are needed, include a specific request for emergency or temporary allowance pending a full hearing.

11. Signature, verification, and filing information

• Petitioner’s signature (or attorney’s) and contact information.
• Notarized verification or affidavit if required by local court rules.
• Proof of filing fee payment or request for fee waiver if permitted.

Where to file and procedural tips

File the petition in the probate court in the county where the decedent was domiciled at death. If an estate is already open, file the petition as a new pleading in that probate case. The court may require you to serve the petition on interested persons and to provide proof of service before a hearing.

Texas law gives the probate court discretion to order a family allowance based on the needs of the surviving spouse and minor children and the resources of the estate. The court may award a temporary allowance immediately if the situation justifies it, and then set a hearing to determine a final allowance and payment schedule.

For general statutory guidance on the probate court’s authority and allowances, see the Texas Estates Code and the Texas Judicial Branch probate resources: Texas Statutes (official) and Texas Judicial Branch — Probate.

Helpful hints

• Prepare a short, clear budget that shows exactly how the requested allowance will be used — courts look for reasonable necessity.
• If family members have immediate needs (rent, utilities, medicine), ask for an emergency or temporary allowance and explain the urgency in the petition.
• Attach documentary proof whenever possible (bills, bank statements, benefit statements) — the judge will rely on evidence more than assertions.
• Give notice to all interested persons early. If beneficiaries or heirs object, expect a hearing where both sides can present evidence.
• Check local county probate court rules and forms — some counties provide local petition templates or require specific formatting.
• Consider working with a probate attorney. Even if you file pro se, an attorney can help calculate a reasonable allowance and prepare evidence to support your request.
• Keep careful records of any payments the estate makes under the allowance; the personal representative must account for distributions to the court and beneficiaries.

Common pitfalls to avoid

• Failing to identify and notify all interested persons — lack of proper notice can delay relief.
• Asking for an arbitrary or unsupported lump sum without documentation — judges reduce or deny unsupported requests.
• Assuming the family allowance will cover long-term needs — it is usually meant to support the family only during administration and is limited in scope and duration.

Where to get forms and more help

Visit the probate division page of the Texas Judicial Branch for general information and links to local court resources: https://www.txcourts.gov/programs-services/probate/. For statutory language, use the official Texas statutes site: https://statutes.capitol.texas.gov/. County clerk or county court websites commonly publish local probate forms and filing instructions.

If you want, provide the county where the decedent lived and I can outline likely local filing steps and typical forms used in that county.