A year’s support petition may be filed even if there is a will. The petitioner in a year’s support is requesting that property belonging to the estate is set outside the estate and usually not subject to claims of beneficiaries and creditors.
Despite its misleading name, a year's support award is a permanent award of property from a decedent's estate to the decedent's surviving spouse, surviving minor children, or both. The surviving spouse of the decedent can apply for a year's support unless he or she has remarried after the decedent's death. A minor child's parents, legal guardian, or guardian ad litem may file on behalf of the child.
A petition for years support must be filed within 24 months of the day that the decedent died.
The petition must be filed in the Probate Court of the county where the decedent was domiciled at the time of death.
Documents Required to File
- Access the petition
- Original Will (if Will exists)
- Death Certificate
Court Costs
**Additional fees may be required for legal notices and service of process. There will also be a balance of court costs due at the oath hearing.