Alabama Family Allowance: Support During Probate
The Alabama family allowance is support money for a surviving spouse and minor children during probate, up to $18,800 or $500 per month under Ala. Code 43-8-112.
Alabama law lets a surviving spouse and the minor children the decedent supported draw a cash maintenance allowance out of the estate while probate is still open. This is the family allowance, and it is meant to keep the household going during the months an estate takes to settle. It comes ahead of most creditors, and it does not reduce whatever the spouse or children inherit.
This guide is a deep dive on that one right. It covers what the family allowance is, the exact dollar figures, who qualifies, how the claim runs through the County Probate Court, and how the allowance differs from exempt property and the homestead allowance. For the full set of spousal protections in context, see the Alabama surviving spouse rights guide, which summarizes this allowance among the others.
What Is the Alabama Family Allowance?
The family allowance is a reasonable amount of money paid out of the estate for the maintenance of the surviving spouse and the minor children the decedent was obligated to support, along with any children in fact being supported, during administration. Under Ala. Code 43-8-112, the personal representative can set and pay this allowance to help the family cover living costs before the estate closes.
Because it is support-focused and payable in cash, the family allowance matters early. The personal representative can pay it without a separate court order, as long as the amount stays within the statutory caps. If the family needs more, or an interested person thinks the amount is too high, either side can petition the County Probate Court to set a larger or smaller figure (Ala. Code 43-8-113).
The allowance is not an advance on the inheritance. It is paid on top of any share passing to the spouse or children by will, by intestate succession, or by elective share, unless the will provides otherwise.
Purpose and Priority Over Creditors
The point of the family allowance is short-term support during the gap between the death and the close of the estate. Probate can run many months, and the family still has rent, groceries, utilities, and other bills to pay in the meantime. The allowance gives them cash to live on without waiting for a full distribution.
The family allowance is exempt from and has priority over all claims against the estate (Ala. Code 43-8-112). A surviving spouse can draw it ahead of the estate's ordinary creditors:
Paid ahead of:
- Credit card balances
- Personal loans
- Medical bills
- Most other unsecured creditor claims
One right ranks higher: the family allowance does not outrank the homestead allowance. If the estate is short, the homestead allowance is paid first, then the family allowance, then the exempt-property deficiency right. So the family allowance sits above general creditors but just below the homestead allowance in Alabama's order.
Who Qualifies
Alabama sets a clear order for who receives the family allowance under Ala. Code 43-8-112 and 43-8-113.
- Surviving spouse. The allowance is payable to the surviving spouse for the use of the spouse and the minor and dependent children. If a minor or dependent child does not live with the spouse, the allowance can be split as the needs of the household appear.
- Minor and dependent children if there is no spouse. When there is no surviving spouse, the allowance is payable to the children, or to the persons who have their care and custody.
Surviving-spouse status is subject to the divorce and disqualification rules in Ala. Code 43-8-252, and a person who fails to survive the decedent by five days is treated as having predeceased for allowance purposes (Ala. Code 43-8-43). The right to any unpaid installment ends at the death of the person entitled to it.
The Amount
The family allowance is a reasonable maintenance allowance, not a fixed grant. Alabama sets caps that the personal representative can pay without going back to court, and the court can adjust the figure up or down on petition.
Under Ala. Code 43-8-112, the personal representative may pay the allowance as:
- a lump sum of up to $18,800 (the base statutory cap is $15,000, adjusted for inflation by the State Treasurer to $18,800 for claims on or after April 1, 2024), or
- periodic installments of up to $500 per month.
The court has discretion beyond these caps. On a petition by the personal representative or any aggrieved interested person, the County Probate Court may allow more or less than the statutory amounts based on the family's actual needs and what the estate can bear (Ala. Code 43-8-113).
Two timing points shape the payout. The allowance is payable during the period of administration, and it runs no longer than one year if the estate is inadequate to discharge its allowed claims. It can be paid all at once or spread out, which is why the monthly installment option exists.
Alabama adjusts these Article 6 amounts for inflation every three years under Ala. Code 43-8-116. The next adjustment is scheduled for July 1, 2026 and applies from April 1, 2027, so recheck the current figure after that date.
How It Differs From Exempt Property and the Homestead Allowance
The family allowance is one of three separate estate allowances a surviving spouse can claim. They are easy to confuse because all three come off the top of the estate ahead of most creditors, but each protects something different and carries its own dollar figure.
| Allowance | Adjusted value | What it protects |
|---|---|---|
| Family allowance | $18,800 lump-sum cap, or $500 per month | Cash support during administration (Ala. Code 43-8-112) |
| Exempt property | $9,400 | Household goods, vehicles, furnishings, personal effects (Ala. Code 43-8-111) |
| Homestead allowance | $18,800 | A fixed cash allowance tied to the family home (Ala. Code 43-8-110) |
All three stack, and they stack on top of the elective share and any inheritance as well. The family allowance is support money paid over time. Exempt property is a claim on specific tangible things (or their cash value). The homestead allowance is a fixed cash figure tied to the home. For a walkthrough of what qualifies as exempt property and how to set it aside, see the Alabama exempt property guide. For how all of these fit with the elective share and the intestate share, see the Alabama surviving spouse rights guide.
How to Claim It
The family allowance runs through the County Probate Court that administers the estate, but the routine case does not need a separate court order.
- Identify who is entitled. Confirm the surviving spouse, or the minor and dependent children if there is no spouse, and note who has care and custody of any children not living with the spouse.
- Document the need. Pull together the household's recurring living costs and any other income the family has, so the requested amount can be shown to be reasonable.
- Have the personal representative set the amount. Within the statutory caps ($18,800 lump sum or $500 per month), the personal representative can determine and pay the allowance without a separate court order (Ala. Code 43-8-113).
- Petition if you need more or there is a dispute. The personal representative or any aggrieved interested person may petition the County Probate Court to allow a larger or smaller allowance. Use the county probate court's forms and confirm any filing fee with the court.
Because the amounts and procedure are not modeled with a fixed statutory claim deadline in Alabama's source data, claim during administration and confirm timing with the County Probate Court that opened the estate.
Waiving the Allowance
The family allowance can be given up in advance. A spouse can waive it, along with the elective share and the other allowances, through a written marital agreement such as a prenuptial or postnuptial agreement. Whether a particular waiver holds up depends on how it was signed and disclosed, so confirm the requirements under Ala. Code 43-8-70 through 43-8-76 with a licensed Alabama attorney before relying on one.
A surviving spouse or the children can also simply choose not to claim the family allowance, for example to leave more of a thin estate for other heirs. The allowance is a right, not an obligation.
Frequently Asked Questions
How much is the Alabama family allowance?
The personal representative can pay up to a lump sum of $18,800 (base $15,000, CPI-adjusted for claims on or after April 1, 2024) or periodic installments of up to $500 per month under Ala. Code 43-8-112. On a petition, the County Probate Court may allow more or less based on the family's needs and the size of the estate.
Does the family allowance reduce the inheritance?
No. The family allowance is in addition to any share passing to the spouse or children by will, by intestate succession, or by elective share, unless the will provides otherwise. It is not charged against the inheritance.
Who gets the family allowance if there is no surviving spouse?
It is payable to the decedent's minor and dependent children, or to the persons who have their care and custody (Ala. Code 43-8-112). A surviving spouse takes priority when there is one.
How long does the family allowance last?
It is payable during the period of administration, and not longer than one year if the estate cannot discharge its allowed claims (Ala. Code 43-8-112). It can be paid as a lump sum or in monthly installments, and the right to any unpaid installment ends at the death of the person entitled to it.
Related Guides
- Alabama Surviving Spouse Rights - the full set of spousal protections, with the family allowance in context
- Alabama Exempt Property - the household-goods and vehicle allowance that stacks with this one
- Alabama Intestate Succession - the spouse and heir shares when there is no will
- Alabama Probate Guide - how an estate moves through the County Probate Court
- Alabama Debt Payment Priority - where allowances sit in the order estate debts are paid
Sources
- Title: Ala. Code Section 43-8-112, Family Allowance. Publisher: Code of Alabama via Justia. Publication Date: 2025 code, accessed 2026-07-01. URL: https://law.justia.com/codes/alabama/title-43/chapter-8/article-6/section-43-8-112/
- Title: Ala. Code Section 43-8-113, Source, Determination and Documentation of Exempt Property and Allowances. Publisher: Code of Alabama via Justia. Publication Date: 2025 code, accessed 2026-07-01. URL: https://law.justia.com/codes/alabama/title-43/chapter-8/article-6/section-43-8-113/
- Title: Ala. Code Section 43-8-116, Adjustments to Exemption Values. Publisher: Code of Alabama via Justia. Publication Date: 2025 code, accessed 2026-07-01. URL: https://law.justia.com/codes/alabama/title-43/chapter-8/article-6/section-43-8-116/
- Title: Consumer Price Index adjusted exemption amounts ($18,800 homestead and family allowance; $9,400 exempt property). Publisher: Alabama State Treasurer. Publication Date: Effective for claims on or after April 1, 2024, accessed 2026-07-01. URL: https://treasury.alabama.gov/cpi-information/
This guide is general information about the Alabama family allowance. Confirm anything that affects your situation with the County Probate Court or a licensed Alabama attorney. It is not legal advice.
Related Alabama Resources
Alabama Surviving Spouse Rights in Probate
Alabama surviving spouse rights: the one-third elective share, the $18,800 homestead allowance, exempt property, the family allowance, and the intestate share.
Alabama and the Federal Estate Tax
Alabama has no state estate or inheritance tax, so only the federal estate tax can apply. Learn the 2026 exclusion, portability, and what counts in the estate.
Alabama Exempt Property: What Surviving Spouses Can Claim
Alabama exempt property lets a surviving spouse or children claim up to $9,400 in household goods, vehicles, and furnishings ahead of most estate creditors.
Alabama Probate Accounting: What Executors Must Report
Alabama probate accounting explained: the two-month inventory, what a settlement accounting must show, when beneficiaries can demand one, and how to close the estate.