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Illinois Spouse's Award and Child's Award
Support GuideIllinois11 min read

Illinois Spouse's Award and Child's Award

The Illinois spouse's award is a reasonable sum for nine months of support, never less than $20,000 plus $10,000 for each minor child living with the spouse.

By Settled Editorial

Illinois has no allowance called a "family allowance." The Illinois version is the spouse's award. A surviving spouse can claim a sum the court finds reasonable for nine months of support, and that award can never fall below $20,000, plus $10,000 for each minor child of the decedent who lived with the spouse when the decedent died. When no spouse survives, the decedent's minor children claim a matching child's award instead. Both are paid as a second-class claim, ahead of most creditors. (See 755 ILCS 5/15-1, 755 ILCS 5/15-2, and 755 ILCS 5/18-10.)

This page walks through each award in plain language. If you are still mapping out the whole estate, start with the Illinois probate guide. If you are the one settling the estate, see Illinois executor duties for the representative's job.

The Three Awards at a Glance

AwardStatuteFloor amountWho claims it
Spouse's award755 ILCS 5/15-1$20,000, plus $10,000 for each minor child living with the spouseThe surviving spouse
Adult dependent child add-on755 ILCS 5/15-1At least $5,000 for each qualifying adult dependent childThe surviving spouse, for that adult child
Child's award (no spouse)755 ILCS 5/15-2$10,000 for each minor child, plus $20,000 or more split among themThe decedent's minor children

Read the next sections for the detail behind each row.

The Spouse's Award: $20,000 Plus $10,000 per Child

The spouse's award is support money for the first stretch after a death. Under 755 ILCS 5/15-1, the surviving spouse of an Illinois resident whose estate is administered here receives a sum the court finds reasonable for the proper support of the spouse for the nine months after the death, plus a further sum for the support of any minor children of the decedent who lived with the spouse when the decedent died.

Two numbers set the floor. The award can never be less than $20,000, and you add at least $10,000 for each such minor child. The court can set a higher figure suited to the family's standard of living and the size of the estate, but it cannot go below that floor. The money is exempt from the enforcement of a judgment, garnishment, or attachment while it sits in the representative's hands, so a creditor cannot grab it before the family does.

The award is paid to the surviving spouse in up to three installments, on the schedule the court directs. If the spouse dies before the award is paid in full, the unpaid part passes to the spouse's estate. If the spouse dies or abandons a child before the child's part is paid, that part goes to whomever the court names for the child.

Adult Children Who Depended on the Decedent

The spouse's award also reaches certain grown children. Under subsection (a-5) of 755 ILCS 5/15-1, the spouse may claim an added award for each adult child of the decedent who is likely to become a public charge, was financially dependent on the decedent, and lived with the surviving spouse when the decedent died. The floor is at least $5,000 for each such adult child, set to line up with the support the decedent had been providing right before death.

Watch the deadline. Within 30 days after the estate's representative, or an affiant under a small estate affidavit, sends written notice of this possible award, the spouse or the adult child (or an agent, guardian, or another adult acting for the adult child) has to send back written notice asserting the dependency. Miss that 30-day window and the right to the added award is barred. The representative may fold this notice into the notices it already sends under Sections 6-21 and 8-1.

The Child's Award When No Spouse Survives

When the decedent leaves no surviving spouse, the minor children step into the spouse's place. Under 755 ILCS 5/15-2, all children of the decedent who were minors at the date of death share a child's award: a reasonable sum for their proper support for nine months, never less than $10,000 for each of those children, plus another sum of at least $20,000 that is divided equally among them or apportioned as the court directs.

A minor child who did not live with the surviving spouse gets a separate $10,000 floor under subsection (a), paid for the child's benefit to whomever the court names. And an adult child who was financially dependent, is likely to become a public charge, and did not live with the surviving spouse can claim at least $5,000 under subsection (b-5), consistent with the support the decedent had been providing, subject to the same 30-day written-notice rule that applies to the spouse's award.

Taking the Award in Property Instead of Cash

The award is a dollar figure, but the family does not have to take cash. Under 755 ILCS 5/15-4, the surviving spouse may receive the award in money or elect to accept it, in whole or in part, in the decedent's goods and chattels that the will did not leave to a named person by a particular bequest, valued at their appraised value.

The spouse puts that choice in writing within 30 days after being notified in writing that the award was allowed, and files the selection with the court. If there is no surviving spouse, the children hold the same right to select property. A representative can make the selection for a spouse or child who is a ward, or for a spouse who dies before the 30 days run out. This is how a family keeps the car, the household furniture, or a set of tools rather than watch the representative sell them to raise cash.

Where the Award Ranks Among Creditors

Illinois pays estate claims by class, and the award sits high on the list. Under 755 ILCS 5/18-10, the first class covers funeral and burial expenses, the expenses of administration, statutory custodial claims, and certain guardianship fees. The second class is the surviving spouse's or child's award. Debts to the United States, medical and nursing costs from the last year of the decedent's life, employee wages, and ordinary unsecured debts all fall into later classes.

So the award is paid before nearly every creditor, which is the whole reason it exists: to keep a spouse or the children supported while the estate is worked out. For how those classes are noticed, filed, and paid, see the Illinois creditor claims guide.

When a Will Can Cut Off the Award

The award does not survive in every estate. A will can displace it, but only on narrow terms. Under subsection (b) of 755 ILCS 5/15-1, the surviving spouse is entitled to the award unless the will states in plain words that what it leaves the spouse is in lieu of the award, and the spouse does not renounce the will.

That gives the spouse a lever. If the will tries to swap a thin bequest for the award, the spouse can renounce the will, take the statutory share, and keep the award. Because the award, the right to renounce, and the intestate share all interact, a spouse who is offered little under a will should compare all three before signing anything. See the Illinois intestate succession guide for the share a spouse takes when a will is renounced or when there is no will at all.

How to Claim the Spouse's or Child's Award

  1. Confirm who claims it: the surviving spouse first, then the minor children if no spouse survives.
  2. Gather the numbers: $20,000 base, plus $10,000 for each minor child who lived with the spouse, and $5,000 for each qualifying adult dependent child.
  3. Watch the 30-day notice deadline for any adult dependent child's award, or the right to it is lost.
  4. Decide whether to take the award in cash or select property the will did not leave to a named person by a particular bequest, and file the written selection within 30 days.
  5. Check whether the will expressly puts a bequest in lieu of the award; if it does, weigh renouncing the will.
  6. Ask the representative to pay the award as a second-class claim, ahead of general creditors.
  7. Confirm the current figures and local practice with the Circuit Court clerk or a licensed Illinois attorney.

Common Questions

Does Illinois have a family allowance?

Not under that name. The Illinois analogue is the spouse's award under 755 ILCS 5/15-1, and the child's award under 755 ILCS 5/15-2 when no spouse survives. Both do the job a family allowance does in other states: they hand the family support money early, ahead of general creditors.

How much is the Illinois spouse's award?

The court sets a sum it finds reasonable for the surviving spouse's proper support for the nine months after the death, judged against the family's condition in life and the size of the estate. That sum can never drop below $20,000, and at least another $10,000 is added for each minor child of the decedent who lived with the spouse when the decedent died.

Can an adult child qualify for an award?

Yes, on narrow terms. Under 755 ILCS 5/15-1(a-5) the spouse may claim at least $5,000 for each adult child of the decedent who is likely to become a public charge, was financially dependent on the decedent, and lived with the spouse at the death. The claim dies if written notice asserting the dependency does not reach the representative within 30 days of the representative's written notice.

Does the award get paid before creditors?

Mostly. 755 ILCS 5/18-10 puts the surviving spouse's or child's award in the second class of claims. Only the first class outranks it: funeral and burial expenses, administration expenses, statutory custodial claims, and certain guardianship fees. Debts due the United States, last-year medical and nursing expenses, and ordinary unsecured debts all sit below it.

Can the family take the award in property instead of cash?

Yes. Under 755 ILCS 5/15-4 the spouse may elect to take the award in whole or in part in the decedent's goods and chattels that the will did not leave to a named person by a particular bequest, counted at appraised value. The election goes in writing to the court within 30 days after written notice that the award was allowed. Where no spouse survives, the children hold the same right.

Can a will take the award away?

Only if it says so outright. Under 755 ILCS 5/15-1(b) the spouse keeps the award unless the will expressly states that what it leaves the spouse stands in lieu of the award, and the spouse does not renounce the will. A spouse who renounces the will takes the statutory share and keeps the award.

The spouse's award and the child's award give an Illinois family real support and protected property early in a probate, ahead of most claims. Each has its own statute, its own floor, and its own way of interacting with the will. Treat them as distinct rights, and claim them during administration rather than assume they arrive on their own. For the full path an estate takes through the county Circuit Court, start at the Illinois probate guide or the Illinois county probate directory.

This guide is general information about Illinois estates, not advice for your situation. Confirm anything that affects your estate with the clerk of your Circuit Court or a licensed Illinois attorney before you rely on this page.

Sources:

It is not legal advice.

Information current as of July 18, 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 Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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