Detailed answer — what you must include when you file a year’s allowance (family allowance) petition in Wyoming

In Wyoming, a “year’s allowance” (often called a family allowance or family support) is a short-term support payment made from an estate to the surviving spouse and minor children so they can maintain reasonable living expenses during probate. When you prepare a petition seeking a year’s allowance, include clear information and documents so the court can decide quickly. Below is a practical checklist of what to include and why each item matters.

1. Case caption and identifying information

• Name of the court (Wyoming district court where the estate is being probated).
• Estate title (e.g., “In the Matter of the Estate of [Decedent’s Full Name], Deceased”).
• Probate file or estate number (if one has already been assigned).

2. Your status and relationship to the decedent

• Name, address, and contact information of the petitioner (surviving spouse or person filing on behalf of an eligible person such as a minor child).
• Statement of relationship to the decedent (e.g., surviving spouse, parent of minor child).
• If someone else files for a minor, include the filer’s authority to act (guardian ad litem, parent, or next friend).

3. Basic facts about the decedent

• Decedent’s full name and date of death.
• Where the decedent lived at death and where the probate is filed.
• Personal representative/executor name (if one has been appointed) or note that appointment is pending.

4. Legal basis and specific request

• Cite that you are requesting a year’s allowance from the estate to support the surviving spouse and/or minor children during administration of the estate.
• State the amount you request and whether you seek a lump sum or periodic payments (many courts expect a lump-sum award or a short-term payment plan).
• Explain whether you are requesting immediate payment and whether you ask the court to prioritize this allowance ahead of other distributions.

5. Financial facts and need

• Summary of household monthly expenses and living needs (rent/mortgage, utilities, food, medical, childcare, transportation).
• Summary of income, including any earnings, pension, Social Security, or other support available to the surviving spouse or child.
• Assets available in the estate (cash on hand, bank accounts, securities, personal property) and whether assets are accessible during probate.
• Explain why existing income or asset access is insufficient to meet reasonable needs during probate.

6. Supporting documents to attach

• Death certificate (if available).
• Marriage certificate and/or children’s birth certificates to document relationship.
• Recent pay stubs, Social Security award letters, or other proof of income for the spouse/children.
• Bank statements and a preliminary inventory or affidavit of estate assets (if the personal representative has prepared one).
• Copies of any lease or mortgage statements to show housing cost.
• Proposed order for the judge to sign (a short, tailored proposed order speeds approval).

7. Notice and service statements

• Statement describing who has been served with the petition (personal representative, known heirs, beneficiaries, and any interested parties).
• Proof of service or a proposed service plan if some parties cannot be located.

8. Request for hearing and timeline

• Ask the court for a hearing date or request ex parte (emergency) relief if immediate funds are needed for food, housing, or medical care.
• Explain whether the request is temporary pending a full accounting or final distribution.

9. Declaration or affidavit under oath

• A signed, sworn declaration that the facts stated in the petition are true to the best of the petitioner’s knowledge.

10. Service on creditors and priority considerations

• Be aware that family allowance often takes priority over many claims against the estate while administration proceeds. Notify or ask the court to notify known creditors in accordance with Wyoming probate procedure.

Practical note: Judges expect clear, concise petitions supported by documents. A proposed order that specifies amount, payment method, and priority language will shorten the judge’s review time.

For statutory guidance and local procedure, check the Wyoming statutes and local court rules. The Wyoming Legislature’s site is a starting place for statute text: https://wyoleg.gov/Statutes. Also consult the district court’s probate rules and local clerk’s office for required forms and filing fees.

Why you should consult a Wyoming probate attorney: A lawyer can draft a precise petition, prepare the proposed order, assure proper service to interested parties, and explain how a year’s allowance will affect creditor claims and estate distribution. If the estate is complex or contested, legal help reduces delay and the risk of denial.

Disclaimer: This article explains general Wyoming probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Wyoming attorney.

Helpful Hints — quick checklist before you file

• Prepare a short, one-page summary of monthly needs and estate assets to attach to the petition.
• Attach proof of relationship (marriage/birth certificates) and a death certificate if available.
• File a proposed order listing the exact dollar amount and how it should be paid from the estate.
• Serve the personal representative and all known heirs/beneficiaries before the hearing where possible.
• If you need immediate funds, request an emergency (ex parte) hearing and explain the urgency with supporting documents.
• Check local district-court probate forms or the clerk’s office for a family-allowance form — some counties provide templates.
• Keep copies of everything you file and proof of service receipts for the court record.