Also known as: reasonable allowances
Written by attorneys · grounded in primary & secondary sources — see below
An allowance in money from a decedent's estate granted to the surviving spouse and minor children whom the decedent was obligated to support as well as children who were in fact being supported by the decedent for their maintenance during the period of administration. The allowance may be paid in a lump sum or periodic installments and may not continue longer than one year when the estate is inadequate to pay allowed claims. It has priority over all claims except the homestead allowance.
Harold died leaving his widow Maria and two children. Leo was fifteen and Nina was twenty-two with a disability that prevented her from working. Harold had supported both children until his death. The estate faced large unsecured claims from suppliers. The court approved a one-year cash allowance for Maria, Leo, and Nina with priority over the creditors because Nina qualified as a child in fact supported by the decedent.
After a trucking company owner died, his widow Danielle and nine-year-old son Frederick sought a family allowance. Their eighteen-year-old daughter Nora lived at home rent-free and received occasional gas money but earned her own wages and paid most expenses. The court denied Nora a share because she was not in fact being supported by the decedent within the meaning of the statute, limiting the allowance to Danielle and Frederick.
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The surviving spouse and minor children the decedent was obligated to support qualify automatically. Adult children also qualify if they were in fact being supported by the decedent at death, such as a disabled child living at home with ongoing medical needs paid by the decedent.
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No. The family allowance has priority over all claims except the homestead allowance. The court must set a reasonable allowance first even if doing so leaves unsecured creditors unpaid.
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The allowance may not continue longer than one year if the estate cannot pay all allowed claims. The one-year cap limits duration but does not bar the allowance outright.
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