Detailed answer — overview and required contents

This explains what you should include when you file a petition for a year’s allowance in Virginia under the probate process. A year’s allowance is a court-ordered payment from a decedent’s estate to provide temporary support to a surviving spouse and/or minor children. The rules and procedures for probate (including allowances) are governed by the Virginia Code (see Title 64.2: Wills, Trusts, and Fiduciaries: https://law.lis.virginia.gov/vacode/title64.2/), and petitions are filed in the circuit court where the estate is being administered.

When you prepare a petition for a year’s allowance, include the following core elements and supporting documents so the judge can decide quickly and with full information:

1. Caption and case information: court name (circuit court), county/city, estate docket/case number if one exists, and the estate name (Estate of [Decedent’s full name, date of death]).
2. Petitioner identification: your full name, address, phone number, relationship to the decedent (surviving spouse, minor child, personal representative filing on behalf of an eligible person), and whether you are the surviving spouse or a parent/guardian acting for a minor.
3. Statement of authority and basis for the petition: cite that you request a year’s allowance under the applicable probate authority (reference Title 64.2 generally) and explain that you are eligible (e.g., surviving spouse with no sufficient means for immediate support; or minor child of decedent).
4. Summary of the decedent’s probate estate: a short inventory or summary of the estate’s known assets (cash, bank accounts, real estate, personal property, insurance payable to estate, etc.). If a full inventory has not yet been filed, note that and include available documentation (estimates, account statements).
5. Statement of need and proposed amount: explain your living expenses and why immediate funds are necessary. Provide a proposed amount (total dollar amount or monthly figure for the year) and explain how you calculated it (rent/mortgage, utilities, food, medical costs, child care, school expenses). Courts often expect reasonable documentation of expenses.
6. Supporting documentation: attach documentary proof such as a certified copy of the decedent’s death certificate, marriage certificate or children’s birth certificates (to prove relationship), a copy of the decedent’s will if one exists, bank statements, pay stubs or income proof for the petitioner, and any existing preliminary inventory for the estate.
7. Notice information: identify the personal representative (executor/administrator) and known heirs and beneficiaries. Include a proposed plan for giving notice to all interested parties or proof that notice has been given. Most courts require that the personal representative and interested parties receive notice and an opportunity to be heard.
8. Proposed order: draft a proposed order for the judge that states the allowance amount and how/when payment should be made (e.g., lump sum from estate funds, periodic payments, or ordering the personal representative to pay the petitioner within X days). Provide alternative language if you seek payment from a specific account.
9. Affidavit or verification: a signed affidavit verifying the truth of the petition’s contents (facts about your identity, relationship, expenses, and the estate). Courts prefer petitions that are sworn or notarized.
10. Filing fee and certificate of service: include the court’s filing fee (or a request to waive if you qualify) and be prepared to file a certificate of service showing who was served and how (mail, hand-delivery).

Example (hypothetical): Mary Smith, surviving spouse of John Smith (d. Jan. 2), files a petition in the Circuit Court where probate is pending. She attaches a certified death certificate and marriage certificate; provides a preliminary estate summary showing $28,000 cash and a $75,000 mortgage-encumbered home; attaches rent, utility, and medication bills showing monthly needs of $2,500; requests a year’s allowance of $25,000 to cover immediate household and child-care expenses; serves the personal representative and all heirs; and files a proposed order asking the court to direct the personal representative to pay $25,000 from estate funds within 30 days of entry of the order.

Where and how to file

File the petition in the circuit court where probate is or will be opened. If an estate is not yet opened, the petition can usually accompany the initial probate filing or be filed as a separate petition after the personal representative is appointed. Virginia circuit courts handle probate matters; local filing rules vary, so check that court’s clerk’s office for form preferences, local forms, and the current filing fee. For general probate forms and local contact info, Virginia’s court forms page is useful: https://www.vacourts.gov/courts/circuit/probate_forms.html.

What the court will consider

• Eligibility of the petitioner (surviving spouse or minor child).
• Size and liquidity of the probate estate.
• Reasonableness of the requested allowance based on actual needs and supporting documents.
• Priority of the allowance relative to other claims against the estate (the court will balance the allowance against estate obligations and creditor claims consistent with probate law).
• Whether proper notice was given to the personal representative and interested parties.

Because statutes and local rules determine the details and priority of claims, review Title 64.2 of the Virginia Code for governing probate provisions: https://law.lis.virginia.gov/vacode/title64.2/.

If the petition is contested

If an interested party opposes the petition, the court will schedule a hearing. Prepare to present evidence of need (bills, income statements, witness testimony). The personal representative or heirs may argue the estate cannot afford the allowance or that the requested amount is unreasonable. The court will weigh evidence and may approve a smaller amount or order installment payments.

Timing and deadlines

File promptly after the decedent’s death and after the personal representative is appointed. A year’s allowance is intended to be an immediate source of support; delaying may complicate the petition. Check the local court calendar for hearing availability and the clerk’s guidance for required advance notice to other parties.

Helpful Hints

• Start with a clear, concise petition: judges and clerks see many probate matters—make it easy to read.
• Attach a certified death certificate and proof of relationship (marriage certificate or children’s birth certificates).
• Document expenses carefully (monthly budget, recurring bills, medical expenses). Courts prefer evidence over estimates.
• Provide a preliminary inventory or summary of estate assets so the court understands liquidity.
• Serve the personal representative and all known heirs before the hearing and file a certificate of service with the court.
• Bring originals of key documents to the hearing (ID, certificates, bills) and send copies to the personal representative or opposing counsel beforehand if the matter is contested.
• Keep requests reasonable and tied to actual need; extreme or speculative requests are more likely to be reduced.
• Ask the clerk about local forms or template petitions; some counties provide sample petitions for estate allowances.
• If you cannot pay filing fees, ask the clerk about fee-waiver procedures.
• Consider informal negotiation with the personal representative before filing to speed payment and reduce conflict.