Local Probate Rules of Court

PROBATE RULE 6 FAMILY ALLOWANCE

A. BY PETITION TO THE COURT
B. BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT
C. INCOME AND EXPENSE DECLARATION

A. BY PETITION TO THE COURT

If the petition is filed before the time required for the filing of the inventory and appraisal, the Court may order a family allowance for a period commencing with the date of the decedent’s death and continuing until the inventory is filed, but not to exceed 6 months.

If the petition is filed (a) more than 6 months after the personal representative has been appointed, or (b) after the inventory has been filed, or (c) as a petition for a second or increased allowance, the Court may order a family allowance for a definite period, usually not to exceed 12 months. It is the policy of the Court not to make orders for family allowance for an unlimited period.

The petition must include, insofar as is possible, information as to the assets and income of the estate.

B. BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT

If the estate is being administered under the Independent Administration of Estates Act, the personal representative may pay a family allowance without prior Court order by following the Notice of Proposed Action procedure.

C. INCOME AND EXPENSE DECLARATION

The petitioner must file an income and expense declaration with the petition for the family allowance, which demonstrates the need of the applicant with reference to his or her usual standard of living.

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List of attached Probate local forms