Colorado Family Allowance: Support During Probate

Colorado gives a surviving spouse and the decedent's dependent children the right to draw support money out of the estate while it is being settled. This is the family allowance, and it is meant to keep the household running during the months of administration, before the estate is fully distributed. For deaths in 2026 the personal representative can pay it without a court order up to a lump sum of $44,000, or in installments of $3,667 per month for one year, under C.R.S. 15-11-404 and 15-11-405.

This guide is a focused look at the Colorado family allowance: what it is, who qualifies, how much it is, how it differs from the exempt property allowance, and how to claim it. For the elective share and the full set of spousal protections, see the Colorado surviving spouse rights guide.

What Is the Colorado Family Allowance?

The family allowance is Colorado's version of the Uniform Probate Code support allowance. Colorado adopted the Uniform Probate Code, so the surviving spouse and the minor and dependent children the decedent was obligated to support are entitled to a reasonable allowance in money for maintenance during administration (C.R.S. 15-11-404(1)).

It is support, not an inheritance. The point is cash for day-to-day living, such as housing, food, utilities, and other ordinary expenses, during the period when the estate is not yet available for distribution. The allowance is in addition to anything the spouse or children take by will, by intestacy, or by elective share, unless the will provides otherwise.

The dollar ceiling is indexed for inflation under C.R.S. 15-10-112, and the Colorado Department of Revenue publishes the adjusted amount each year. Because the figure is CPI-adjusted, the amount that applies is the one published for the decedent's year of death, not the year the estate is administered.

Purpose and Priority Over Creditors

The family allowance is designed to protect the family ahead of most of the estate's debts. Under C.R.S. 15-11-404(1), it is exempt from and has priority over every claim against the estate except administration costs and reasonable final disposition and funeral expenses.

In plain terms:

• Protected from: credit card balances, personal loans, medical bills, and most other unsecured claims. The family draws its support before those creditors are paid.
• Comes after: the costs of administering the estate and the reasonable final disposition and funeral expenses, which are paid first.

This priority holds even when the estate is insolvent. If the estate cannot pay its debts, the surviving spouse and dependent children still receive the family allowance ahead of general creditors. The exempt property allowance abates, meaning it gives way, only as necessary to permit payment of the family allowance, so between the two the family allowance has the stronger claim on scarce assets.

Who Qualifies

Colorado sets a clear order for who receives the family allowance (C.R.S. 15-11-404).

1. Surviving spouse first. The allowance is paid to the surviving spouse for the use of the spouse and the minor and dependent children the decedent was obligated to support. The spouse receives it and applies it for the household.
2. Dependent children if there is no surviving spouse. If there is no surviving spouse, the allowance is paid for the minor children the decedent was obligated to support and children who were in fact being supported. It is paid to the children or to the persons having their care and custody. A child not living with the spouse may receive a partial direct allowance.

The allowance is tied to a support obligation. It covers the spouse and the minor and dependent children the decedent was obligated to support and children in fact being supported. Adult children who were not dependents generally do not receive the family allowance.

The Amount

For deaths in 2026 the personal representative may determine and pay the family allowance without a court order up to either:

• a lump sum of $44,000, or
• $3,667 per month for one year in periodic installments.

The statutory base is $30,000 for the lump sum and $2,500 per month, and both figures are adjusted for inflation under C.R.S. 15-10-112, so the amount depends on the decedent's year of death. A larger amount requires a court order. If the family needs more than the statutory ceiling, an interested person can petition the District Court to set a higher allowance.

The allowance is time-limited. It runs during administration and may not continue longer than one year if the estate is inadequate to discharge allowed claims. The personal representative can pay it as a single lump sum or as monthly installments, whichever better fits the family's needs.

How It Differs From Exempt Property

The family allowance and the exempt property allowance are two separate protections, and a surviving spouse can claim both. They are easy to confuse because both come off the top of the estate for the family's benefit.

The family allowance is ongoing support money for the maintenance of the family. The exempt property allowance is a one-time set-aside of estate property, such as furniture, a vehicle, and personal effects, up to a fixed value. For the full walkthrough of what qualifies and how it is set aside, see the Colorado exempt property guide. For how both allowances fit alongside the elective share and the intestate share, see the Colorado surviving spouse rights guide.

One point worth noting: Colorado did not adopt the Uniform Probate Code homestead allowance (C.R.S. 15-11-402), so there is no separate probate homestead dollar figure to add to these two. The larger exempt property allowance stands in its place.

How to Claim It

Claiming the family allowance is usually straightforward and often does not require a contested hearing.

1. Ask the personal representative. In most estates the personal representative determines and disburses the family allowance within the statutory caps and pays it out of the estate, without a separate court order (C.R.S. 15-11-405(1)). The spouse or the persons caring for the children request the allowance from the personal representative.
2. Document the need. Record who is entitled, the support obligation, and the household's ongoing expenses. This supports a lump sum or a monthly figure within the statutory ceiling.
3. Choose lump sum or installments. Decide whether a single lump sum or monthly payments better fit the family's situation, then have the personal representative pay accordingly.
4. Petition the District Court for more or if there is a dispute. To exceed the statutory ceiling, or if an interested person disagrees with the amount, petition the court for relief. In the City and County of Denver the Denver Probate Court hears the matter; elsewhere it is the District Court of the county where the decedent lived.

Watch the deadline. A request for the family allowance must be made within 6 months after the first publication of notice to creditors or within 1 year after death, whichever expires first. The court may extend for cause, but not beyond 2 years after death (C.R.S. 15-11-405(3)). Missing this short window can forfeit the allowance.

Waiving the Allowance

A surviving spouse can give up the family allowance, either in advance or after the death.

• By agreement. The family allowance can be waived in a valid written agreement, such as a prenuptial or postnuptial agreement. A waiver is generally enforced only when it is in writing, signed voluntarily, and made with fair disclosure of finances or a knowing waiver of disclosure. Confirm the specific requirements with a licensed Colorado attorney before relying on a waiver.
• By choice after death. A spouse who does not need the support can simply decline to request it, leaving those funds in the estate for the beneficiaries.

Waiving one protection does not automatically waive the others. A waiver of the family allowance does not by itself give up the exempt property allowance or the elective share. Each protection is separate, so read any agreement carefully to see exactly which rights it releases.

Frequently Asked Questions

How much is the Colorado family allowance?

For deaths in 2026 the personal representative can pay it without a court order up to a lump sum of $44,000, or $3,667 per month for one year (C.R.S. 15-11-404 and 15-11-405). The statutory base is $30,000 for the lump sum and $2,500 per month, adjusted for inflation each year under C.R.S. 15-10-112, so the amount depends on the decedent's year of death. A larger amount requires a court order.

Can creditors take the family allowance?

Generally no. The family allowance has priority over every claim against the estate except administration costs and reasonable final disposition and funeral expenses (C.R.S. 15-11-404). It is paid ahead of unsecured debts like credit cards and medical bills, and it holds even when the estate is insolvent.

Is the family allowance the same as exempt property?

No. The family allowance is support money paid during administration, while the exempt property allowance is a one-time set-aside of estate property or cash. A surviving spouse can claim both. See the Colorado exempt property guide for how that allowance works.

Who receives the family allowance if there is no surviving spouse?

The minor children the decedent was obligated to support and children in fact being supported. It is paid to the children or to the persons having their care and custody, and a child not living with the spouse may receive a partial direct allowance (C.R.S. 15-11-404).

Related Guides

• Colorado Surviving Spouse Rights - the elective share, both allowances, and the intestate share together
• Colorado Exempt Property - the one-time set-aside of estate property for the spouse
• Colorado Intestate Succession - who inherits when there is no will
• Colorado Personal Representative Duties - who determines and pays the allowance
• Colorado Estate Creditor Claims - why the allowance has priority over most debts

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Sources

Sources:

• Title: Colorado Revised Statutes 2025, Title 15, Article 11, Part 4 (Exempt Property and Allowances), including C.R.S. 15-11-403 (exempt property allowance), 15-11-404 (family allowance), 15-11-405 (procedure and the request deadline), 15-11-402 (no homestead allowance), and 15-10-112 (cost-of-living adjustment). Publisher: Colorado Office of Legislative Legal Services. Publication Date: 2025 edition, accessed 2026-07-01. URL: https://olls.info/crs/crs2025-title-15.pdf
• Title: Cost of Living Adjustment of Certain Dollar Amounts for Property of Estates in Probate (2026 adjusted amounts). Publisher: Colorado Department of Revenue, Office of Research and Analysis. Publication Date: Prepared January 21, 2026, accessed 2026-07-01. URL: https://tax.colorado.gov/sites/tax/files/documents/Probate_Index_2026.xlsx
• Title: Colorado Revised Statutes, official public access page. Publisher: Colorado General Assembly. Publication Date: Current official code, accessed 2026-07-01. URL: https://leg.colorado.gov/colorado-revised-statutes

This guide provides general information about the Colorado family allowance in probate. The allowance amount adjusts by year of death, so confirm the current figure and the claim deadline with the District Court or Denver Probate Court handling the estate, or with a licensed Colorado attorney. It is not legal advice.