• Every state has a statute authorizing the probate court to award an amount for the temporary maintenance and support of the surviving spouse (and often for dependent children). The allowance may be limited for a fixed period (18 months under the Uniform Probate Code) or may continue until all contests are resolved and a decree of distribution is entered. This support, together with probate homesteads and personal-property allowances, is in addition to whatever interests pass by the will or by intestate succession. See probate homestead under HOMESTEAD. Cf. spousal allowance. [Cases: Executors and Administrators 173–201. C.J.S. Executors and Administrators §§ 344–393.]
family allowance
A portion of a decedent’s estate set aside by statute for a surviving spouse, children, or parents, regardless of any testamentary disposition or competing claims.
