Missouri Family Allowance

Missouri gives a surviving spouse and dependent minor children two family estate allowances that come ahead of most creditors. The one-year support allowance under RSMo 474.260 is a court-set maintenance payment for up to one year, with no fixed dollar cap. The homestead allowance under RSMo 474.290 adds up to $15,000, capped at half the estate after exempt property.

This guide works through those two allowances in depth: how the Probate Division sets each amount, how they get paid, and how they line up against what the spouse otherwise inherits. For the full set of spousal protections, including the elective share and exempt property, start with the Missouri surviving spouse rights guide. Estates run through the Probate Division of the Circuit Court for the county where the decedent lived, or the City of St. Louis.

The Two Family Allowances at a Glance

Missouri sets these two allowances apart during administration, and both sit ahead of the estate's general creditors:

Allowance	Statute	Amount	How it interacts
One-year support allowance	RSMo 474.260	A reasonable amount set by the court, paid for up to one year. No dollar cap.	In addition to the will or intestate share. Exempt from all claims.
Homestead allowance	RSMo 474.290	Up to $15,000, and no more than half the estate after exempt property.	Offset against the distributive share, but never cut below its own amount. Acts as a floor.

The two allowances answer different needs. The support allowance keeps the family going while the estate is open. The homestead allowance sets a small floor of protected value that a spouse or minor child keeps ahead of creditors. Read the next two sections for the detail behind each row.

The One-Year Support Allowance (RSMo 474.260)

The support allowance is maintenance money. It exists so the surviving spouse and the minor children the decedent supported are not left without support while the estate is tied up in administration. The right comes from RSMo 474.260, titled the one year support allowance.

The people who can claim it are the surviving spouse and the decedent's minor children whom the decedent was obligated to support or was in fact supporting. When there is no surviving spouse, those minor children can still claim the allowance for their own maintenance.

How the Court Sets the Amount

Missouri fixes no flat dollar figure for the support allowance, so do not expect a set number. The statute calls for a reasonable allowance in money out of the estate for maintenance during the period of administration. The Probate Division decides what is reasonable after weighing:

the family's previous standard of living
the condition of the estate
the income and other assets available to the person applying
that person's expenses

Because the amount is discretionary, two estates of similar size can produce different allowances. A spouse with little other income and high living costs may receive more than a spouse who already has ample assets to live on. Gather proof of the household budget and the applicant's other resources before the hearing, since those figures shape the judge's decision.

How Long It Runs and How It Gets Paid

The support allowance may not continue for longer than one year, which is why practitioners call it the one-year allowance. Missouri does not condition it on the estate being insolvent, so a solvent estate still owes it once the court sets it.

The allowance can be paid as a single lump sum or in periodic installments over the year. A claimant may also take estate property in place of cash, up to the value the court sets. That option helps when the estate is short on ready money but holds usable assets such as a vehicle or household goods.

Priority Over Claims

The support allowance is exempt from all claims against the estate. That priority is what lets the family draw support before general creditors are paid. It also does not reduce what the spouse or children take under the will unless the will says otherwise, so the allowance sits on top of the inheritance rather than coming out of it. To see how creditors line up behind these protections, read the Missouri creditor claims guide.

The Homestead Allowance (RSMo 474.290)

The homestead allowance goes to the surviving spouse, or to the decedent's unmarried minor children in equal shares when there is no spouse, under RSMo 474.290. It replaces the old dower and homestead rights that Missouri long ago abolished, and it carries its own dollar limit and its own deadline.

How Much

The homestead allowance cannot exceed fifty percent of the value of the estate, figured after the exempt property is taken out, and it is capped at $15,000. So on a modest estate the fifty-percent test controls, while on a larger estate the $15,000 cap controls. It comes in addition to the exempt property and the one-year support allowance, and it is also exempt from the estate's claims.

The Offset and the Floor

The homestead allowance works differently from the support allowance. It is offset against the share the surviving spouse or minor child receives as a distributee of the estate, so it is not a clean bonus stacked on top of the inheritance. Here is the floor built into the statute: if the distributive share is smaller than the allowance, the allowance is not diminished, and the recipient keeps the full homestead amount up to the cap.

Put plainly, the homestead allowance gives a spouse or minor child a protected minimum up to the cap, ahead of creditors, even when the distributive share is small or nothing. A recipient with a large distributive share sees the allowance absorbed into that share rather than added to it. Compare the distributive share to the allowance to see what it actually adds. The baseline share itself comes from the will or, with no will, from the rules in the Missouri intestate succession guide.

The Ten-Day Deadline

The homestead allowance is easy to lose by inaction. A spouse or child who wants it must apply within ten days after the time allowed for filing claims expires. Miss that window and the statute treats the allowance as waived, and the person then has no homestead allowance under any Missouri law. Calendar the claims deadline early and confirm the application date with the Probate Division, since this allowance does not arrive on its own.

When There Is No Surviving Spouse

The allowances do not vanish when the spouse has already died. The decedent's minor children can claim the one-year support allowance for their maintenance under RSMo 474.260, and the unmarried minor children take the homestead allowance in equal shares under RSMo 474.290. The person settling the estate, described in the Missouri executor duties guide, handles setting these amounts apart during administration.

How the Allowances Fit With the Rest of the Estate

A worked example shows how these rights combine. Say a will leaves the surviving spouse $6,000, the decedent left two children of the marriage, and the estate is worth $40,000 after exempt property is set aside.

Support allowance. The spouse, and any minor children, can ask the Probate Division for a reasonable one-year support allowance under RSMo 474.260, on top of the $6,000 the will gives. The court sets the number after weighing the family's budget and other resources.
Homestead allowance. Half of the $40,000 is $20,000, which is over the $15,000 cap, so the allowance is $15,000. It is offset against the spouse's distributive share under RSMo 474.290. Because the $6,000 the will gives is smaller than $15,000, the allowance is not cut down, and the spouse keeps the full $15,000 ahead of creditors.
Exempt property and the elective share. The exempt property under RSMo 474.250 and the elective share under RSMo 474.160 are separate rights that a spouse should weigh at the same time. The Missouri surviving spouse rights guide lays those two out and shows how all four protections interact.

The pattern: the support allowance adds to whatever the spouse otherwise takes, and the homestead allowance fills a gap up to its cap. A spouse facing a will that pays little should compare all of these together before deciding how to proceed.

Frequently Asked Questions

How much is the family allowance in Missouri?

The one-year support allowance under RSMo 474.260 has no fixed dollar cap. The Probate Division sets a reasonable amount based on the family's standard of living, the estate, and the applicant's income and expenses, paid for up to one year. The homestead allowance under RSMo 474.290 is separate and is capped at $15,000, and at half the estate after exempt property.

How long does the Missouri support allowance last?

Up to one year. RSMo 474.260 provides that the allowance may not continue for longer than one year, and it can be paid as a lump sum or in installments over that period.

Does the family allowance reduce what I inherit?

The one-year support allowance does not reduce your will or intestate share unless the will provides otherwise, so it comes on top of the inheritance. The homestead allowance is offset against your distributive share, but it is never cut below its own amount, so it works as a floor rather than a straight reduction.

What is the deadline to claim the homestead allowance?

Apply within ten days after the time for filing claims against the estate expires. RSMo 474.290 treats the homestead allowance as waived if no application is filed in that window, so confirm the date with the Probate Division early.

Can minor children claim these allowances if there is no surviving spouse?

Yes. The decedent's minor children can claim the one-year support allowance under RSMo 474.260, and the unmarried minor children share the homestead allowance in equal parts under RSMo 474.290.

When to Bring in a Missouri Attorney

Some of these figures read straight from the statute. Others turn on facts a licensed Missouri attorney should review, above all when:

the estate is small and the homestead allowance floor decides how much the spouse keeps
the support allowance amount is disputed among the family or contested by creditors
the ten-day homestead deadline is close or has been missed
there is no surviving spouse and the minor children's shares need to be set

This guide helps you organize the source-backed rights and the questions to ask. A licensed Missouri attorney can advise on a specific estate, its disputes, and its deadlines. This is general information about Missouri estates, not advice for your situation. Whoever settles the estate still files through the Probate Division of the Circuit Court and follows the steps in the Missouri probate guide.

Sources:

Title: RSMo Section 474.260, One year support allowance, property in lieu thereof, allowance exempt from all claims. Publisher: Missouri Revised Statutes, Missouri General Assembly. Publication Date: Not listed. URL: https://revisor.mo.gov/main/OneSection.aspx?section=474.260
Title: RSMo Section 474.290, Homestead allowance, partition of real estate selected, procedure, waiver. Publisher: Missouri Revised Statutes, Missouri General Assembly. Publication Date: Not listed. URL: https://revisor.mo.gov/main/OneSection.aspx?section=474.290
Title: RSMo Section 474.250, Exempt property of surviving spouse or unmarried minor children. Publisher: Missouri Revised Statutes, Missouri General Assembly. Publication Date: Not listed. URL: https://revisor.mo.gov/main/OneSection.aspx?section=474.250
Title: RSMo Section 474.160, Election by surviving spouse to take against will, effect. Publisher: Missouri Revised Statutes, Missouri General Assembly. Publication Date: Not listed. URL: https://revisor.mo.gov/main/OneSection.aspx?section=474.160

It is not legal advice.