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Petition For Award Of Statutory Allowances Form. This is a Arkansas form and can be use in Probate Statewide.
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Tags: Petition For Award Of Statutory Allowances, Form 16, Arkansas Statewide, Probate
Form 16 - Petition for Award of Statuatory Allowances
Page 1 of 2
Form 16.
[Caption]
PETITION FOR AWARD OF STATUTORY ALLOWANCES
The decedent, __________, is survived by the persons named below who
constitute the surviving spouse, if any, and all of the decedent's
minor children, if any.
Name of surviving spouse: ____________________.
Children:
Name of Child Sex Age Name of Guardian
_______________________ ____ ____ _____________________
_______________________ ____ ____ _____________________
The surviving spouse, who was living with the decedent at thetime of
the decedent's death, is entitled to the award of the following items
of household furniture, furnishings, appliances, implements and
equipment which are reasonably necessary for the use and occupancy of
the family dwelling by the surviving spouse and minor children, if
any:
HOUSEHOLD FURNITURE AND EQUIPMENT
[Itemizing is required only to the extent necessary to distinguish
the selected items from other household furniture and equipment, if
any, of the decedent's estate.]
Among the items of personal property of the estate of the decedent
are those described below, which the undersigned surviving spouse of
the decedent (or the undersigned guardian of the decedent's minor
children) have selected to be assigned to and vested in the surviving
spouse and minor children of the decedent as provided by law. Each
item of property has the value stated opposite its description.
ITEMIZED DESCRIPTION OF PROPERTY
Description Value
__________________________ $ ________
__________________________ $ ________
__________________________ $ ________
2001 © American LegalNet, Inc.
3/7/01
Form 16 - Petition for Award of Statuatory Allowances
Page 2 of 2
The surviving spouse and minor children of the decedent are entitled
to be awarded sustenance for a period of two months after the death
of the decedent as follows:
THEREFORE, petitioner requests that this court enter an order
assigning to and vesting in the surviving spouse and minorchildren of
the decedent the personal property described above, to which they are
respectively entitled under the provisions of Ark. Code Ann. §§ 2839-101 through 28-39-104.
______________________________
[Capacity of Petitioner]
[Affidavit]
Reporter's Notes to Form 16: See Ark. Code Ann. §§ 28-39-101 - 28-39104. The total value under "Itemized Description of Property" is
limited to $1,000 as against creditors and $2,000 as against
distributees. If minor children are not the children of the surviving
spouse, the petition should be revised to reflect that the allowance
vests in the surviving spouse to the extent of one-half thereof, and
the remainder vests in the decedent's minor children in equal shares.
Award for sustenance for period of two months after death of decedent
shall be a reasonable amount, not exceeding $500 in the aggregate.
Ark. Code Ann. § 28-39-101(c). Beneath the signature line, the
capacity of the petitioner should be identified (e.g., as the
personal representative, the surviving spouse, or the guardian of
minor children). If the petitioner is the guardian of minor children,
the language in parentheses should be substituted for the language
immediately preceding it.
2001 © American LegalNet, Inc.
3/7/01