Family Allowance
Money a surviving spouse or dependent children can draw from the estate for living expenses while probate runs.
What Family Allowance means in an estate
A family allowance keeps the household going while the estate is tied up, and it generally ranks high against other claims. The amount, who qualifies, how long it lasts, whether a judge must approve it, and where it sits in the payment order vary by state. Some states set a fixed cap and some leave the amount to the court, so a number from one state tells you nothing about another.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how family allowance is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.