How to Prepare a Year’s Allowance Petition in West Virginia: FAQ

Short answer: In West Virginia, a year’s allowance (sometimes called a year’s support) petition must clearly identify the petitioner and the decedent, state the legal basis for the allowance, specify the amount requested and how it was calculated, list the decedent’s known assets and liabilities, attach supporting documents (death certificate, marriage/birth records, estate inventory if available), and show proof of service or notice to interested parties. You should also include a proposed order and be prepared to provide testimony or affidavits to support the need for the allowance.

Detailed Answer — What to include in the petition

This section explains, step by step, the items courts expect to see when someone files a petition for a year’s allowance in a West Virginia probate proceeding. Rules and local forms may vary by county, so use this as a practical checklist to prepare a complete petition.

1. Caption and case information

• Full caption showing the estate name (e.g., In the Matter of the Estate of [Decedent’s Name]), the county probate court, and the probate docket or case number (if assigned).
• Name, address, phone number, and relationship of the petitioner to the decedent (surviving spouse, next of kin, etc.).
• Name and address of the personal representative (executor/administrator) of the estate, if one has been appointed.

2. Clear statement of the relief sought

• Explicitly request a year’s allowance under West Virginia probate law for the surviving spouse or minor children (or other qualifying person).
• If applicable, cite the general probate title (for statutory reference, see West Virginia Code, Title 44: Probate Practice and Procedure: https://code.wvlegislature.gov/title/44/).

3. Factual basis and necessary facts

• Date and place of the decedent’s death and a copy of the death certificate.
• Marital status and documentation: marriage certificate (if petitioner is the surviving spouse).
• Names and ages of minor children, with birth certificates if they are part of the petition.
• Statement of the petitioner’s current living situation and financial needs (rent/mortgage, utilities, food, medical expenses, child care, etc.).
• Statement whether the petitioner has any other source of support (employment, benefits, other family support).

4. Estate assets, liabilities, and cash flow

• Summary inventory of the estate assets known at filing (bank accounts, real estate, personal property, insurance proceeds payable to the estate, etc.).
• List of major liabilities and known creditors that could affect available funds.
• Copies of any preliminary estate inventory or bank statements you have.

5. Calculation of the requested allowance

• Specify the dollar amount requested and how you calculated it (monthly needs × 12 months, or a lump-sum amount to cover necessary support).
• Explain whether you seek payment from income generated during administration or a lump-sum from estate principal, and reference any local practice or statute guiding payment priority.

6. Notice and service

• Allege who has been given notice of the petition (personal representative, heirs at law, known creditors) and include proof of service or a proposed method for service consistent with court rules.
• Attach or prepare a Certificate of Service or an Affidavit of Service to file after service is completed.

7. Evidence and supporting documents

• Affidavits or declarations from the petitioner describing need and facts supporting the request.
• Copies of marriage and birth certificates, the decedent’s death certificate, estate inventory, bank statements, expense receipts, or other documents that corroborate claimed needs.
• Proposed order for the judge to sign granting the allowance (with dollar amount and payment instructions).

8. Hearing request and proposed order

• Ask the court to set the matter for hearing if necessary, or request a default calendar entry if no party objects.
• Include a proposed order that outlines the amount, the source of payment (estate funds/income), and the schedule or method of payment.

9. Additional information if contested

• If you expect objections, include a brief summary of anticipated opposing arguments and any facts or witnesses you will use to respond.
• Consider offering a short statement of your legal authority or local rule that supports why the allowance is proper.

Who may file and timing

Typically, the surviving spouse or the personal representative files the petition on behalf of the spouse or minor children. Some states allow minor children or their guardians to petition. File the petition early in the probate process — a year’s allowance is intended to provide support during estate administration and should be requested before estate distribution. Check local court rules for deadlines and notice periods.

How the court decides

The court considers: the reasonable needs of the surviving spouse and minor children; the size and liquidity of the estate; priority of payment to creditors; existing support the petitioner receives; and any statutory limits or local practice. The judge may award a lump sum or periodic payments and will balance the needs of the petitioner against the rights of other creditors and heirs.

Where to file and local procedures

File the petition in the county probate court where the decedent’s estate is being administered. Each county may have local forms and filing requirements. Contact the county probate clerk or check the West Virginia Judiciary website for local probate forms and filing instructions.

Primary statutory reference (general probate authority): West Virginia Code, Title 44 — Probate Practice and Procedure: https://code.wvlegislature.gov/title/44/.

Helpful Hints

• Prepare documentation before filing: a short, organized packet helps the court and reduces questions at the hearing.
• Be specific and realistic when calculating needs. Courts favor concrete budgets tied to actual expenses (rent, groceries, medical bills, child care).
• Serve all interested parties promptly. Lack of proper notice can delay or void a hearing.
• Ask the personal representative for estate bank statements and an inventory. That information is often needed to show available funds.
• Bring witnesses or written affidavits to support claims of need — for example, a social worker’s statement about minor children’s needs or a landlord’s lease showing monthly rent.
• If the petition is urgent (no funds for basic needs), request an expedited hearing and explain the emergency in the petition.
• Keep copies of everything you file and proof of service. File a proposed order that the judge can sign at the hearing to speed payment.
• If you are unsure about local practice or statutory interpretation, contact the county probate clerk for procedural guidance or consider consulting a West Virginia probate attorney.

How an attorney can help

An attorney can draft the petition, gather supporting documents, prepare and file notices, represent you at hearing, and advise on how a year’s allowance will interact with creditor claims and estate distribution. If other heirs may object or the estate has limited assets, getting legal help early can preserve your position.

Disclaimer: This article provides general information about West Virginia probate practice and is not legal advice. Laws and procedures vary by county and change over time. For advice about your specific situation, consult a licensed West Virginia attorney or the local probate court.