Detailed Answer — What a year’s allowance petition should include under Utah law

A “year’s allowance” (sometimes called a family allowance or support allowance) is a statutory right in many states that gives a surviving spouse and minor children a priority payment from the decedent’s estate to provide for immediate support. In Utah, probate matters — including petitions for allowances — are handled by the district court in the county where the decedent lived.

When you prepare and file a petition asking the Utah probate court for a year’s allowance, include the following items and information so the court and other interested parties can evaluate the request:

1. Caption and case identification.

   Use the court’s caption format: name of decedent’s estate (e.g., “Estate of Jane Doe”), the case number (if already assigned), and the court name (District Court, County, State of Utah). If you don’t yet have a case number, the clerk will assign one when you open the estate.

2. Petitioner information and relationship to decedent.

   Identify who is requesting the allowance (e.g., surviving spouse, guardian of minor children, personal representative). Provide full name, address, telephone number, relationship to decedent, and whether the petitioner is the personal representative (executor/administrator) or another interested person.

3. Decedent information.

   Provide the decedent’s full name, date of death, last domicile (county and state), and any known probate case number.

4. Legal basis for the request.

   State the statute or court rule that you rely on for a year’s allowance or family allowance under Utah probate law. If you’re unsure which statute applies, you can reference Utah probate rules and the Utah Courts probate guidance pages (see links below) and ask the court to apply the applicable Utah law.

5. Amount requested and how it was calculated.

   Specify the dollar amount requested for the year’s allowance or, if Utah law uses a periodic family allowance, the monthly amount and requested duration. Explain how you calculated the amount: basic household expenses, rent/mortgage, food, utilities, medical needs, childcare, transportation, and other necessary family expenses. Courts expect a reasonable, itemized calculation tied to the surviving family’s support needs.

6. Summary of estate assets and liquidity.

   Provide a concise summary of the estate’s known assets and cash available to pay allowances (bank accounts, readily marketable assets, insurance payable to estate, etc.). If the estate is insolvent or cash-poor but has nonliquid assets (real property, business interests), explain the likely timing for converting assets to cash.

7. Supporting documents.

   Attach relevant documents such as the decedent’s death certificate; marriage certificate for surviving spouse; birth certificates or other proof of dependency for minor children; recent bank statements or pay stubs showing family income (if any); and any inventory or preliminary asset statement filed in the probate case. If you already have an estate inventory, attach it. If not, state whether an inventory will be filed and when.

8. Notice and service information.

   State who has been or will be notified about the petition. Utah law generally requires notice to the personal representative (if one has been appointed), all heirs, beneficiaries named in the will, and known creditors or claimants. Include a proposed notice form and a certificate or affidavit that you served notice (or a proposed schedule for service if you file before service is complete).

9. Statement of urgency and proposed timeline.

   Explain why interim funds are needed immediately (to avoid eviction, to pay medical or childcare costs, to maintain utilities, etc.). Indicate whether you request an emergency or expedited hearing and supply proposed hearing dates and any suggested protective conditions (e.g., an accounting requirement or bond).

10. Proposed order.

    Attach a proposed court order the judge can sign if they grant the allowance. The order should state the approved amount, the payment source (estate funds or income), payment schedule, whether the allowance is subject to later adjustment, and any reporting/accounting requirements for the personal representative.

11. Verification and signatures.

    Sign the petition under penalty of perjury (or include an affidavit) and include the petitioner’s contact information and, if applicable, the signature of the petitioner’s attorney with bar number.

12. Filing fees and cover sheet.

    Include the proper filing fee or an application to proceed in forma pauperis if you cannot pay, and the court’s required civil/probate cover sheet if the local court requires it.

After filing, the court clerk will set a hearing date (or approve an ex parte emergency order if the facts justify it), and you must serve notice to interested persons per court rules. Expect the personal representative or other interested parties to respond; the court may require documentary proof of expenses and may order an accounting by the personal representative later.

Utah courts maintain practical probate guidance that explains local filing procedures and forms. For general probate filing and forms, see Utah Courts’ probate how-to pages: https://www.utcourts.gov/howto/probate/.

If you need the Utah Code website for statutes and to confirm deadlines, start at the Utah Legislature’s code site: https://le.utah.gov/xcode/. For specific local rules and filing procedures, check the district court website for the county where the decedent lived or contact the clerk’s office.

Helpful Hints — Practical tips when preparing a year’s allowance petition

• Begin by opening a probate case if one is not already open. The court needs a case number before many probate requests proceed.
• Gather core documents first: death certificate, marriage certificate, children’s birth certificates, recent bank statements, and any documentation of regular household expenses.
• Be specific and reasonable in the dollar amount and attach an itemized monthly budget supporting the requested sum.
• If you are the personal representative, file an inventory and initial accounting quickly; transparency speeds approval of allowances.
• Notify all heirs and interested parties promptly. Failing to serve required parties can delay the petition or lead to a contested hearing.
• If immediate funds are needed to prevent eviction or loss of utilities, ask the court for an expedited or emergency hearing and clearly state the imminent harm.
• Prepare a proposed order for the judge to sign; judges appreciate clear, concise proposed orders that address payment source, duration, and accounting requirements.
• Keep records of how allowances are spent. The court may require the personal representative to provide an accounting showing how funds were used for the supported family’s benefit.
• Consider short-term alternatives if the estate lacks cash: ask for an advance from nonprobate assets (life insurance payable to spouse), or request release of funds from accounts that permit pay-on-death distribution to surviving spouse.
• Get legal help if the estate is contested, insolvent, or if your family’s needs are unusually large. An attorney can advise on priorities between the year’s allowance, homestead allowances, and creditor claims.