spousal allowance

A portion of a decedent’s estate set aside by statute for a surviving spouse, regardless of any testamentary disposition or competing claims.

• This allowance is superior to the claims of general creditors. In some states, it is even preferred to the expenses of administration, funeral, and last illness of the spouse.

— Also termed widow’s allowance; widower’s allowance. See probate homestead under HOMESTEAD. Cf. family allowance. [Cases: Executors and Administrators 173–201. C.J.S. Executors and Administrators §§ 344–393.]

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