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Maryland Family Allowance
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Maryland Family Allowance

Maryland's family allowance pays $10,000 to a surviving spouse or registered domestic partner, plus $5,000 per unmarried child under 18, ahead of most debts.

By Settled Editorial

Maryland's family allowance gives a surviving spouse or registered domestic partner $10,000, plus $5,000 for each unmarried child of the decedent under 18, under Estates and Trusts §3-201. The personal representative pays it during administration, and it ranks ahead of most creditor claims and before the estate passes to heirs and legatees.

This allowance is the family's protected cash while the estate is settled. Maryland has a family allowance but no separate exempt-property set-aside, so §3-201 is the whole family-protection amount. Read this next to the Maryland intestate succession guide for who inherits, the Maryland surviving spouse rights guide for the augmented-estate elective share, and the Maryland creditor claims guide for how the allowance ranks against debts.

How Much the Family Allowance Is

Two flat amounts, set by statute and not adjusted case by case:

WhoAmountStatute
Surviving spouse or registered domestic partner$10,000 for personal use§3-201(a)
Each unmarried child of the decedent under 18$5,000§3-201(b)

The figures stack by head count. The spouse or partner receives $10,000. Each qualifying child adds $5,000 on top. A spouse with three minor children brings the total to $25,000: $10,000 for the spouse and $5,000 for each of the three children.

A child counts toward the $5,000 allowance only if the child meets all three tests at the date of death: a child of the decedent, unmarried, and under 18 years old. An adult child, a married minor, or a stepchild the decedent never adopted does not qualify. (Source: Md. Code, Estates and Trusts §3-201, mgaleg.maryland.gov.)

Who Receives Each Share

The two allowances go to different people, so separate them before the personal representative writes a check.

  • The $10,000 belongs to the surviving spouse or registered domestic partner. The spouse or partner takes it for personal use. If there is no surviving spouse or registered domestic partner, this $10,000 is not paid, because the statute ties it to that person.
  • Each $5,000 belongs to the unmarried minor child. The personal representative pays a child's allowance as provided in §13-501. When the child has a court-appointed guardian, the money goes to the guardian. When there is no guardian, the personal representative can pay the parent or grandparent the child lives with, or deposit the money for the child, under §13-501. The child cannot withdraw it before turning 18.

Because the child's $5,000 stands on its own, it still applies when there is no surviving spouse or partner. Each qualifying child gets $5,000 regardless of who else survives. (Source: Md. Code, Estates and Trusts §13-501, mgaleg.maryland.gov.)

Priority: Paid Ahead of Most Creditors

The family allowance carries real weight because of where it sits in the payment order. Under §8-105, the personal representative pays estate claims by class, and the family allowance is class five. The classes ahead of it are narrow:

  1. Fees due to the Register of Wills
  2. Costs and expenses of administration
  3. Funeral expenses, within the statutory limit
  4. Compensation of the personal representative, attorneys, and any real estate broker
  5. The family allowance under §3-201

Everything below the allowance waits until it is paid: unpaid child support, taxes the decedent owed, medical expenses of the last illness, back rent, wages, and then all other general debts. So a surviving spouse and minor children collect this money before ordinary creditors see a dollar. Walk the full ranking in the Maryland debt payment priority guide, and see how claims are presented and barred in the Maryland creditor claims guide. (Source: Md. Code, Estates and Trusts §8-105, mgaleg.maryland.gov.)

No Exempt-Property Set-Aside in Maryland

Many states hand a surviving spouse a family allowance and a separate exempt-property or homestead set-aside on top of it. Maryland does not. The §3-201 family allowance is the family-protection mechanism, and there is no extra statutory exempt-property claim to layer on. So the protected figure is the $10,000 spouse or partner allowance plus $5,000 per qualifying minor child, and nothing more from a set-aside. If you have read a guide for another state that promises household goods or a homestead amount beyond the allowance, that rule does not carry into Maryland.

Separate From the Elective Share and the Inheritance

The family allowance is its own right. Do not fold it into the will, the intestate shares, or the elective share.

  • The will or intestate share decides who takes the rest of the estate after debts and the allowance. The Maryland intestate succession guide covers the no-will shares.
  • The elective share is a different spousal remedy. A surviving spouse who wants to take against the will can elect one-third of the augmented estate if the decedent left surviving descendants, or one-half if not, under §3-403. That election has its own deadline and math. The Maryland surviving spouse rights guide works through it.

The allowance runs during administration no matter which of those paths the spouse takes. It is a first-dollar payment the personal representative makes, not a slice carved out of the elective-share calculation.

How and When the Allowance Is Paid

The personal representative pays the family allowance as part of settling the estate, and the amounts are fixed, so there is no separate court order to argue over. Handle it with the other §8-105 payments before you distribute anything to heirs and legatees. Two practical points keep it clean:

  • Claim it early and document it. Record who qualifies, the date of death ages of any children, and the amount paid to each recipient. That record supports your administration account.
  • It still applies in a small estate. When the estate settles through the Register of Wills as a small estate rather than full administration, the family allowance does not disappear. Confirm how it is handled on the specific small estate track with your Register of Wills.

For the full duty sequence around inventory, claims, and distribution, see the Maryland executor duties guide. To find the office that opens the estate and pays the allowance, use the Maryland Register of Wills directory.

Common Questions

How much is Maryland's family allowance?

Maryland pays a surviving spouse or registered domestic partner $10,000 for personal use, plus $5,000 for each unmarried child of the decedent who is under 18 at the date of death, under Estates and Trusts §3-201. The amounts are flat and add together, so a spouse with two minor children collects $20,000.

Who gets the $5,000 child allowance in Maryland?

The $5,000 belongs to the unmarried minor child, not the spouse. The personal representative pays it under §13-501: to the child's guardian if one is appointed, or otherwise to the parent or grandparent the child lives with, or into a deposit for the child. The child cannot withdraw the money before turning 18.

Does the family allowance come before creditors in Maryland?

Yes. Under §8-105, the family allowance is class five in the order of payment, ahead of taxes and general creditor claims. Only Register of Wills fees, administration costs, funeral expenses, and personal representative and attorney compensation rank higher, so the surviving spouse and minor children are paid before ordinary creditors.

Does Maryland have an exempt-property set-aside besides the family allowance?

No. Maryland provides the §3-201 family allowance but no separate exempt-property or homestead set-aside. The allowance is the full family-protection amount, which is $10,000 for the spouse or registered domestic partner plus $5,000 per qualifying minor child.

Is the family allowance the same as the spouse's elective share in Maryland?

No. The family allowance is a fixed §3-201 payment made during administration. The elective share is a separate §3-403 remedy that lets a surviving spouse take one-third or one-half of the augmented estate against the will. A spouse can receive the allowance whether or not the spouse elects against the will.

This guide is general information about Maryland estates. It is not legal advice. Confirm anything that affects your situation with the Register of Wills, the Orphans' Court, or a licensed Maryland attorney.

Sources:

It is not legal advice.

Information current as of July 21, 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 Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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