Arkansas Family Allowance: Support During Probate

When someone dies in Arkansas, the household bills do not stop while the estate works its way through court. Arkansas answers that gap with a short-term support payment for the immediate family, called the support allowance or sustenance allowance. It lets the surviving spouse and minor children draw a small, protected amount from the estate in the first weeks after death, before the estate is settled and before most creditors are paid. The rule lives in Ark. Code 28-39-101(c).

This guide is a focused look at that one allowance: what it is, who can claim it, the exact dollar limit, and how it differs from the other family protections Arkansas provides. For the personal property allowance and the full picture of dower, curtesy, and homestead, see the Arkansas exempt property guide and the Arkansas surviving spouse rights guide.

What Is the Arkansas Family Allowance (Sustenance Allowance)?

The Arkansas family allowance is a short-term support payment, not an inheritance. Under Ark. Code 28-39-101(c), during the two-month period after the decedent's death, the surviving spouse and minor children are entitled to receive from the estate a reasonable amount, not exceeding $1,000 in the aggregate, for their sustenance in keeping with the family's usual living standard.

Two features define it. First, it is capped at $1,000 in total, not per person, and that figure is a fixed statutory amount. It is not tied to inflation or the size of the estate, and it has not been raised in many years, so treat it as a modest floor rather than full support. Second, it is tied to a two-month window after death, which is why it is meant to be claimed early. It exists to cover food, housing, and everyday needs during the first weeks of administration.

Arkansas hears probate in the Circuit Court (Probate Division) for the county where the person lived, so the support allowance is documented and paid as part of the estate administration there.

Purpose and Priority Over Creditors

The support allowance solves an immediate, practical problem: a surviving spouse and minor children still need to eat and keep the lights on while the estate is tied up. Rather than make them wait for the estate to close, Arkansas lets a small amount come off the top for their sustenance.

Because of that purpose, the allowance is protected. The statutory allowances are payable from the estate ahead of general creditor claims, subject to the statutory limits and to the expenses of administration. So an estate that owes ordinary unsecured debts does not defeat the family's $1,000 support allowance.

That priority is not unlimited. It does not override secured claims, purchase-money obligations, taxes, or the expenses of administration, which are treated separately and can reach specific assets. A car loan or a deed of trust still follows its collateral. For where the allowance sits in the overall order of payment, see the Arkansas creditor claims guide.

Who Qualifies

The support allowance runs to the immediate family, in a simple order.

• Surviving spouse and minor children. The surviving spouse receives the support allowance for the spouse and any minor children (Ark. Code 28-39-101(c)). The spouse and minor children, or either in the absence of the other, are the intended recipients.
• Minor children when there is no surviving spouse. If there is no surviving spouse, the support allowance is for the decedent's minor children.
• No spouse and no minor children. If there is neither a surviving spouse nor minor children, there is no support allowance to claim.

Minor children means children under the age of majority. Adult children do not claim this allowance in their own right. Their interest in the estate runs through the will or the Arkansas intestate succession rules, not through the support allowance in Ark. Code 28-39-101(c).

The Amount

The number here is small and specific. Under Ark. Code 28-39-101(c), the support allowance is a reasonable amount not exceeding $1,000 in the aggregate for the sustenance of the surviving spouse and minor children during the two-month period after death.

A few points keep the figure straight:

• It is an aggregate cap, not a per-person amount. The $1,000 is the total for the whole household, not $1,000 for the spouse plus more for each child.
• "Reasonable" can mean less than $1,000. The statute caps the amount at $1,000 but ties it to what is reasonable given the family's usual living standard. A modest household need may support less than the full cap.
• It is fixed and not indexed. The $1,000 figure does not adjust for inflation, so it buys far less than it once did. Do not treat it as market-value support.
• It covers a two-month window. The allowance is for sustenance during the two months after death, which is why claiming it promptly matters.

How It Differs From the Personal Property Allowance and Homestead

The support allowance is only one of several family protections in Arkansas, and it is the smallest. It is easy to confuse with the others, so keep them separate.

• The personal property allowance is a set-aside of personal property up to $4,000 as against distributees or $2,000 as against creditors (Ark. Code 28-39-101(a)). That is a property allowance measured by value, not a cash support payment. The Arkansas exempt property guide covers it in full.
• Homestead rights let the surviving spouse take the rents and profits of the family home for life. Those are occupancy and life-estate rights in real property, not a dollar allowance and not short-term support.
• The support (sustenance) allowance (this guide) is the only piece that is a short-term cash payment for daily living, capped at $1,000 for the two months after death.

These stack rather than cancel each other out. The support allowance, the personal property allowance, and homestead rights are cumulative, and all of them are in addition to dower or curtesy (Ark. Code 28-39-101). The full mechanics of dower, curtesy, homestead, and the election to take against the will live in the Arkansas surviving spouse rights guide; this guide stays on the support allowance.

How to Claim It

In most estates the personal representative handles the support allowance as a routine part of administration rather than through a separate lawsuit.

1. Confirm who qualifies. Identify the surviving spouse and any minor children, and their dependent status and authority to claim.
2. Set a reasonable amount. Total up the family's sustenance needs for the two months after death, keeping the aggregate at or under the $1,000 cap and in line with the household's usual living standard.
3. Document it in the estate record. The personal representative records the support allowance as part of estate administration before the Circuit Court (Probate Division), and the estate pays it from available funds.
4. Petition the Circuit Court if there is a dispute. If a creditor or another heir objects, an interested person can raise the question in the probate proceeding, and the court decides the amount that qualifies.

Because the allowance is tied to the first two months, claim it early. Document who is claiming, their status, and the amounts. Timing and local procedure vary by county, so confirm the current deadline and forms with the Circuit Clerk before you rely on them.

Waiving the Allowance

Like the other family protections, the support allowance belongs to the family, and the family can give it up.

By agreement. A surviving spouse can relinquish the statutory allowances in a valid written marital agreement, such as a prenuptial or postnuptial agreement. To hold up, an agreement generally must be in writing, signed, entered voluntarily, and made with fair financial disclosure. Whether a specific agreement is enforceable is a fact question for an Arkansas attorney.

By choice. A surviving spouse who does not need the support can simply decline to claim it, letting those funds stay in the estate for distribution. Because the allowance interacts with the personal property allowance, homestead rights, dower or curtesy, and any election to take against the will, weigh them together before waiving anything.

Frequently Asked Questions

How much is the Arkansas family allowance?

It is a reasonable amount not exceeding $1,000 in the aggregate for the surviving spouse and minor children, covering their sustenance during the two-month period after death (Ark. Code 28-39-101(c)). The $1,000 is a total for the household, not a per-person figure, and it is a fixed statutory amount that is not adjusted for inflation.

Is the family allowance the same as the personal property allowance?

No. The support allowance is a short-term cash payment for daily living, capped at $1,000 for two months. The personal property allowance is a separate set-aside of personal property worth up to $4,000 as against distributees or $2,000 as against creditors (Ark. Code 28-39-101(a)). The Arkansas exempt property guide covers that one.

Can creditors take the family allowance?

Not the protected portion. The support allowance is payable ahead of general creditor claims (Ark. Code 28-39-101). But secured claims, purchase-money obligations, taxes, and the expenses of administration are treated separately and can still reach specific assets, such as a car that secures a loan.

Do adult children get the family allowance?

No. The support allowance runs to the surviving spouse and minor children, or either in the absence of the other. Adult children take through the will or the Arkansas intestate succession rules, not through Ark. Code 28-39-101(c).

Related Guides

• Arkansas Surviving Spouse Rights - dower, curtesy, homestead, and the election, with the allowances in context
• Arkansas Exempt Property - the personal property allowance and how it is set aside
• Arkansas Intestate Succession - who inherits without a will
• Arkansas Creditor Claims - where the allowance falls in the order of payment
• Arkansas Probate Guide - the Circuit Court process end to end

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Sources

• Title: Ark. Code 28-39-101, Allowances to surviving spouse and minor children. Publisher: Arkansas Code of 1987, Title 28 (Justia mirror of the official Arkansas Code). Accessed 2026-07-01. URL: https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-39/subchapter-1/section-28-39-101/
• Title: Arkansas Code Title 28, Wills, Estates, and Fiduciary Relationships. Publisher: Arkansas Code of 1987 (2024), via Justia. Accessed 2026-07-01. URL: https://law.justia.com/codes/arkansas/title-28/

This guide is general information about the Arkansas family allowance and the sustenance allowance. County practice differs, and how the allowance applies turns on the estate's assets, debts, and family, so confirm anything that affects your situation with the Circuit Clerk, the Circuit Court (Probate Division), or a licensed Arkansas attorney. It is not legal advice.