50-State Surveys › Probate Family Allowance Requirements by State
Probate Family Allowance Requirements by State
What temporary family or maintenance allowance may a surviving spouse, minor child, or dependent claim during estate administration, who qualifies, how much and for how long, how is it requested and paid, and can it be waived or terminated?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-03
What this survey covers
A probate family allowance supplies temporary maintenance while an estate is being administered. States use different labels and structures. Some authorize a cash allowance capped by statute. Others set apart household property and then add a court-determined amount. Still others authorize support for the settlement period without a fixed dollar ceiling.
This survey compares those temporary-administration systems without folding in a permanent elective share, intestate share, or year's-support substitute estate. It separates who qualifies from who receives payment, the amount from the funding source, and the filing clock from later events that terminate unpaid rights.
Why nine separate columns are necessary
Florida provides a compact capped system. If the decedent was domiciled in the state, the surviving spouse and supported or support-entitled lineal heirs are entitled to maintenance during administration. The statute permits a lump sum or installments, caps the total at $18,000, and says: “The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid.” Fla. Stat. § 732.403 (accessed 2026-08-03).
Kansas combines enumerated property with a larger flexible award. The spouse selects apparel, specified household items, one automobile, and one year of provisions and fuel; the court may add “A reasonable allowance of not more than $75,000 in money or other personal or real property at its appraised value.” The award is protected from estate demands except existing liens. K.S.A. § 59-403 (accessed 2026-08-03).
Wyoming shows why amount, duration, priority, and inheritance effect cannot be collapsed. The court allows reasonable support and, if property set apart is insufficient, “such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the settlement of the estate.” Allowances rank behind funeral and administration expenses but ahead of other charges. A surviving spouse generally retains family allowance rights whether or not the spouse elects against the will, subject to an express in-lieu provision. Wyo. Stat. Ann. §§ 2-5-103, 2-7-501 to -503 (accessed 2026-08-03).
How to read the table
Start with the allowance type, claimant class, and domicile or dependency scope. A surviving child may qualify only while minor, only while dependent, or only if the decedent was supporting or legally obligated to support that person.
Then read amount, entitlement, deadline, and procedure together. “Reasonable” may be capped or uncapped. A statutory entitlement may still require a court order, and a filing deadline may differ from the event that ends future installments.
Finally, compare priority and inheritance effect. An allowance can be additional to a will or elective share yet still rank behind administration, funeral, medical, tax, or other named expenses. The state page records the current official text supporting each result.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law and allowance type | Eligible claimants | Amount, property, and duration | Domicile, estate, and dependency scope | Automatic right or petition | Deadline and termination | Notice, hearing, and proof | Priority, payment, and insolvency | Inheritance effect and waiver |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-03 | Ala. Code §§ 43-8-110 to -116; reasonable cash family allowance bundled with indexed homestead and exempt-property rights |
Surviving spouse; minor child the decedent was obligated to support; child actually supported at death; spouse, child, guardian, or custodian may receive (§ 43-8-112) |
Current PR ceiling $18,800 lump sum or $625/month; court may vary; 1-year cap if estate inadequate; current homestead $18,800 and exempt property $9,400 (§§ 43-8-110 to -116) |
Alabama-domiciled decedent; money from estate; child needs support obligation or actual support (§ 43-8-112) |
Statutory entitlement; PR may determine/pay within adjusted ceiling; aggrieved PR/interested person may petition for larger or smaller award (§§ 43-8-112 to -113) |
No calendar request deadline stated; 1-year cap if estate inadequate, otherwise administration period; death ends unpaid allowance (§§ 43-8-112 to -113) |
No prescribed claimant filing for PR-set amount; court petition available to aggrieved PR/interested person; support, need, and estate adequacy control (§§ 43-8-112 to -113) |
Estate money, lump sum/installments; behind homestead allowance but exempt from and ahead of all claims; exempt-property deficiency yields to homestead/family (§§ 43-8-110 to -113) |
Additional to will/intestacy/elective share unless will says otherwise; spouse may waive by signed writing after fair disclosure (§§ 43-8-72, -110 to -112) |
| Alaska verified 2026-08-03 | Alaska Stat. §§ 13.12.401 to .405; reasonable cash family allowance bundled with fixed homestead and exempt-property rights |
Surviving spouse; support-obligated minor children; children actually supported. Payment normally goes to spouse for family, otherwise children/caregivers; split permitted (§ 13.12.404) |
PR: up to $18,000 lump sum or $1,500/month for 1 year; court may vary. Inadequate-estate support ≤1 year; homestead $27,000; exempt property $10,000 (§§ 13.12.402 to .405) |
Alaska-domiciled decedent, subject to AS 13.06.068; family allowance is estate money. Nonresident rights follow domicile law; child needs support-obligated minority or actual support (§§ 13.12.401, .404) |
Statutory entitlement; PR may determine/disburse within ceiling. PR or interested person aggrieved by action/inaction may petition for a different allowance (§§ 13.12.404 to .405) |
No fixed request deadline stated; inadequate-estate support ends after 1 year, and any recipient's death ends unpaid family allowance (§ 13.12.404) |
Sections 13.12.401 to .405 state no special verification, notarization, service list, attachments, proof standard, or mandatory initial hearing; aggrieved-party court relief is available |
Estate money, lump sum/installments. Homestead precedes family; family precedes all claims; assets filling an exempt-property deficiency yield to homestead and family (§§ 13.12.402 to .405) |
Additional to will/intestacy/elective share unless will says otherwise; spouse may waive wholly/partly by signed writing subject to voluntariness and disclosure safeguards (§§ 13.12.213, .402 to .404) |
| Arizona verified 2026-08-03 | A.R.S. §§ 14-2401 to -2405; reasonable cash family allowance within a bundled homestead/exempt-property procedure |
Surviving spouse; support-obligated minor children; children actually supported at death, including a supported adult child (§§ 14-1201, -2404) |
Reasonable family allowance; PR may set $12,000 lump sum or $1,000/month for 1 year; court may vary; companion $18,000 homestead and $7,000 net exempt-property rights (§§ 14-2402 to -2405) |
Arizona-domiciled decedent; money from estate; nonresident rights follow domicile law; child needs support obligation or actual support (§§ 14-2401, -2404) |
Statutory entitlement; PR may determine and pay within cap; aggrieved PR/interested person may petition for different or other relief (§§ 14-2404 to -2405) |
No allowance-request deadline stated; unpaid right ends at recipient death; 1-year cap if estate inadequate; nonprobate recovery suit generally within 2 years (§§ 14-2404, -6102) |
PR-set amount has no prescribed claimant filing; court petition is a written request after notice; relationship, support, need, and estate adequacy control (§§ 14-1201, -2404 to -2405) |
Lump sum/installments; behind administration expenses and homestead allowance, ahead of other claims; qualifying nonprobate transfers may cover probate shortfall (§§ 14-2404, -6102) |
Charged against will, intestate, and covered nonprobate shares unless instrument says otherwise; spouse may waive by signed writing subject to voluntariness/disclosure rules (§§ 14-2207, -2404) |
| Arkansas verified 2026-08-16 | Ark. Code Ann. §§ 28-39-101, 28-39-102, 28-39-103, 28-39-104, and 28-39-105; cumulative personal-property, household-goods, 2-month sustenance, spouse occupancy/rent, and minor-advancement layers |
Surviving spouse and decedent's minor children; household goods and the §§ 28-39-102, 28-39-103, and 28-39-104 housing/rent rights are spouse-only; § 28-39-105 reaches a minor distributee through a guardian |
$4,000 personal property against distributees/$2,000 against creditors; necessary household goods; ≤$1,000 aggregate sustenance for 2 months; separate uncapped reasonable spouse sustenance; § 28-39-105 reasonable advancement |
No express domicile test; property owned at death/estate-funded support; household-goods spouse must have lived with decedent; § 105 requires evidently solvent estate and sufficient minor share |
§ 101 rights are entitlements and spouse property right vests at death; spouse/guardian selects property, but court sets sustenance; court orders rent payments and any § 105 advancement |
No special filing deadline stated; capped sustenance and initial rent-free residence cover 2 months; property right survives spouse death/remarriage; extended residence lasts until dower/curtesy assignment (§§ 28-39-101 to -103) |
The five surveyed allowance sections state no special petition contents, verification, or mandatory notice; general probate notice applies only when the Code specifically requires it or the court orders it (§ 28-1-112(a)) |
Property selected before PR sale or from proceeds; §§ 101(b)-(c) apply against creditors/distributees; PR possession is subject to allowances; devise abatement follows § 28-53-107 |
§ 28-39-101 allowance is additional to homestead, dower, and curtesy; § 28-39-105 advancement is charged to minor's share; the five surveyed sections state no family-allowance waiver mechanism |
| California verified 2026-08-03 | Cal. Prob. Code §§ 6540–6545; court-ordered reasonable family allowance during administration |
Spouse/registered domestic partner, minor children, incapacitated dependent adult children entitled; other dependent adult children and dependent parent discretionary (§ 6540; Fam. Code § 297.5) |
No fixed cap; reasonable maintenance from estate; begins as order states, never before death (§§ 6540, 6542) |
No decedent-domicile condition stated; adult-child/parent routes require actual dependency; other maintenance may limit award (§ 6540) |
Petition by any interested person; court grants or modifies, with entitlement and discretionary claimant tiers (§§ 6540–6541) |
No petition deadline stated; ends by final distribution, or no later than 1 year after letters if estate insolvent (§ 6543) |
Pre-inventory § 6540(a) order may be ex parte or noticed; post-inventory notice required; § 6540(b) claimants always require expanded notice (§§ 6541, 1220) |
Debt priority class 5 after administration, secured, funeral, and last-illness classes; same class pro rata; proceeding costs are administration expenses (§§ 6544, 11420) |
No inheritance-credit, elective-share, or express waiver rule in §§ 6540–6545; reasonable maintenance from other sources can limit the award (§ 6540(c)) |
| Colorado verified 2026-08-03 | C.R.S. §§ 15-11-401 to -405; reasonable cash family allowance plus companion indexed exempt-property right; no homestead allowance |
Surviving spouse; minor child the decedent was obligated to support; child actually supported at death; spouse, child, guardian, or custodian may receive (§§ 15-11-404 to -405) |
Reasonable cash allowance; 2026 PR ceiling $44,000 lump sum or $3,667/month for 1 year; court may vary; companion exempt property $44,000 net (§§ 15-11-403 to -405) |
Colorado-domiciled decedent; money/property from estate; nonresident rights follow domicile law; child needs support obligation or actual support (§§ 15-11-401, -403 to -404) |
Entitlement plus timely request; PR may determine/pay within ceiling; aggrieved PR or interested person may petition for different relief (§§ 15-11-404 to -405) |
Earlier of 6 months after first creditor notice or 1 year after death; timely cause extension ≤2 years after death; death ends postdeath periods; 1-year cap if estate inadequate (§§ 15-11-404 to -405) |
Request to PR or asset possessor; guardian/custodian may request for child; §§ 15-11-404 to -405 prescribe no petition contents, verification, notice period, or mandatory hearing |
Money, lump sum/installments; behind administration and reasonable final-disposition/funeral expenses, ahead of other claims; exempt property abates for family allowance (§§ 15-11-403 to -404) |
Additional to will/intestacy/elective share unless otherwise provided; post-July 2014 spouse waiver requires enforceable signed premarital/marital agreement (§§ 15-11-213, -403 to -404; §§ 14-2-302, -306) |
| Connecticut verified 2026-08-03 | Conn. Gen. Stat. §§ 45a-320 to -321; discretionary support allowance from real/personal estate plus family-car use and dwelling occupancy |
Surviving spouse or family (§ 45a-320); statute does not define the family class. The decedent's family may occupy the dwelling (§ 45a-321) |
No dollar cap; necessary amount; entire settlement or renewable fixed period ≤settlement; lump sum permitted; family-car use and dwelling occupancy also available (§§ 45a-320 to -321) |
No express domicile, age, dependency, need-formula, or solvency condition; allowance may come from any real/personal estate in settlement, including a § 45a-273 small estate (§ 45a-320) |
Support and family-car use require discretionary Probate Court allowance; § 45a-320 states no filer/application mechanics. Family may remain in occupied dwelling until disposition (§ 45a-321) |
No express allowance filing deadline; decree sets full-settlement or renewable shorter duration; vested spouse award may survive later death/remarriage; dwelling ends on sale/distribution/other disposition (§§ 45a-320 to -321) |
Section 45a-320 states no allowance-specific petition contents, verification, service, notice, hearing, or proof elements; court judges necessity and decree terms |
No numbered creditor-priority class in § 45a-320; payable from real/personal estate; small-estate distribution follows support, and simplified-insolvency test excludes allowance (§§ 45a-273, 45a-383) |
Court may charge allowance against settlement-period estate-income rights; statutory share waits until allowance period ends; intestate share follows principal-funded allowance; no allowance-waiver rule stated (§§ 45a-320, -436 to -437) |
| Delaware verified 2026-08-03 | 12 Del. C. §§ 2308, 2105; fixed cash surviving-spouse allowance treated as estate debt |
Surviving spouse only; no child or broader family claimant stated (§ 2308) |
Specific demanded cash amount up to $7,500; one-time allowance with no maintenance-period formula (§ 2308) |
Any decedent; no domicile, dependency, household, or need test stated. Cash comes from estate proceeds, and estate property may be sold (§ 2308) |
Statutory entitlement, but ineffective until spouse makes timely written demand to both Register of Wills and executor/administrator; no court petition required by § 2308 |
Earlier of 9 months from death or 6 months from grant of letters; missing the shorter deadline makes the allowance ineffective (§ 2308(b)) |
Written notice to both recipients must demand a specific sum ≤$7,500; § 2308 states no verification, notarization, service method, attachment, hearing, or need proof |
Paid as soon as convenient; after administration expenses/fees/commissions, allowance is first claim class, ahead of funeral and all later classes; estate property may be sold (§§ 2105, 2308) |
Additional to will and intestacy, and payable whether or not spouse elects. Small-estate statute recognizes payment, provision, waiver, or expiration but states no waiver form (§§ 907, 2306, 2308) |
| District of Columbia verified 2026-08-03 | D.C. Code §§ 19-101.01 to -.06; reasonable family allowance bundled with fixed homestead and exempt-property rights |
Surviving spouse or domestic partner; support-obligated minor children; children actually supported. Payment normally goes to spouse/partner; § 19-101.05(b) separately requires apportionment including other children in specified custody cases |
PR: lump sum up to $30,000 cash or spouse/partner-elected personalty at fair value; court may vary; maintenance during administration. Homestead $30,000; exempt property $20,000 (§§ 19-101.02 to -.05) |
D.C.-domiciled decedent; family allowance is estate money/property. Nonresident rights follow domicile law; child needs support-obligated minority or actual support (§§ 19-101.01, -.04) |
Statutory entitlement; PR may determine/disburse within ceiling. PR or interested person aggrieved by action/inaction may petition for a different allowance (§§ 19-101.04 to -.05) |
No fixed request deadline stated; maintenance is during administration, and any recipient's death ends unpaid family allowance (§ 19-101.04) |
Sections 19-101.01 to -.05 state no special verification, notarization, service list, attachments, proof standard, or mandatory initial hearing; § 19-101.06 penalizes a false affidavit but does not require one |
PR lump sum in cash or spouse/partner-elected personalty; in insufficiency, homestead and family share Class 4 after three expense classes, with exempt property Class 5 (§§ 19-101.02 to -.05; 20-906) |
Additional to will/intestacy/elective share unless will says otherwise; a valid antenuptial/postnuptial agreement determines spouse/partner estate and administration rights, with no allowance-specific form stated (§§ 19-101.02 to -.04; 19-113(f)) |
| Florida verified 2026-08-03 | Fla. Stat. § 732.403; temporary money allowance during administration |
Surviving spouse; supported or support-entitled lineal ascendants and descendants (§ 732.403) |
Reasonable money allowance; $18,000 aggregate cap; lump sum or installments during administration (§ 732.403) |
Decedent domiciled in Florida; paid from estate; lineal heir must have been supported or support-entitled (§ 732.403) |
Statutory entitlement; court sets the reasonable amount and payment form (§ 732.403) |
No filing deadline stated in the allowance statutes; unpaid right ends at claimant's death (§ 732.403) |
No statutory notice or hearing form; domicile, support status, and a reasonable maintenance amount control (§ 732.403) |
Class 5 after Classes 1–4; same-class shortfall ratable; revocable trust may cover estate insufficiency (§§ 733.607, 733.707) |
Additional to other shares unless will says otherwise; waivable by witnessed signed agreement (§§ 732.403, 732.702) |
| Georgia verified 2026-08-03 | O.C.G.A. § 53-3-7(b); court-allowed necessaries only while a year's-support appeal is pending, not a general administration allowance |
Petitioners in appealed year's-support case: surviving spouse and minor children, acting personally or through persons authorized by § 53-3-5 |
Necessaries as allowed by probate court; no dollar cap, formula, or property list; lasts only while appeal is pending (§ 53-3-7(b)) |
Paid by estate personal representative or temporary administrator; underlying petition allowed for solvent or insolvent estate; no separate domicile or need test stated (§§ 53-3-5, -7) |
Not a standalone automatic allowance; requires an underlying year's-support petition, an appeal from that proceeding, and probate-court allowance (§§ 53-3-5, -7) |
No separate interim filing deadline; underlying petition due within 24 months after death; interim necessaries end when appeal is no longer pending (§§ 53-3-5(c), -7(b)) |
No separate interim notice or proof rule; underlying case uses 4-week publication, statutory service, objections/hearing, and petitioner burden on final amount (§§ 53-3-6, -7) |
Personal representative or temporary administrator furnishes necessaries; no separate interim priority/shortfall formula; final year's support has administration-expense priority (§§ 53-3-1(b), -7(b)) |
No separate interim inheritance or waiver rule; will may make spouse's underlying year's support in lieu and require election; final title-vesting award excluded (§§ 53-3-3, -9) |
| Hawaii verified 2026-08-03 | HRS §§ 560:2-401 to -405; reasonable cash family allowance bundled with fixed homestead and exempt-property rights |
Surviving spouse or reciprocal beneficiary; minor children decedent was obligated to support; and children actually supported. Payment normally goes to spouse/reciprocal beneficiary for family, otherwise children/caregivers (§ 560:2-404) |
PR: up to $36,000 lump sum or $3,000/month for 1 year; court may vary. If estate inadequate, allowance lasts no more than 1 year. Homestead $30,000; exempt property $20,000 (§§ 560:2-402 to -405) |
Hawaii-domiciled decedent; family allowance is estate money during administration. Child must be support-obligated minor or actually supported; nonresident rights follow domicile law (§§ 560:2-401, -404) |
Statutory entitlement; PR determines/disburses within ceiling. PR or interested person aggrieved by action/inaction may petition for appropriate relief, including a different family allowance (§§ 560:2-404 to -405) |
No express filing deadline; property selectors get a reasonable-time standard. Insolvent-estate support ends after 1 year, and any recipient's death ends unpaid family allowance (§§ 560:2-404 to -405) |
Sections 560:2-401 to -405 state no special notice, verification, attachment, or mandatory hearing for the initial family determination; an aggrieved PR/interested person may petition for court relief (§ 560:2-405) |
Estate money, lump sum/installments; family allowance is ahead of all claims except homestead. Exempt-property deficiency yields to earlier homestead/family payment; 1-year insolvency cap (§§ 560:2-403 to -405) |
Family, homestead, and property rights are additional to will/intestacy/elective share unless otherwise provided. Spouse/reciprocal beneficiary may waive wholly/partly by signed writing, subject to voluntariness/disclosure safeguards (§§ 560:2-213, -402 to -404) |
| Idaho verified 2026-08-03 | No temporary family allowance; current Idaho Code tit. 15, ch. 2, pt. 4 contains $50,000 cash homestead and $10,000 tangible-personal-property rights only (§§ 15-2-401 to -406) |
No family claimant. Homestead: spouse, or if none, qualifying under-21 support-obligated and supported disabled children sharing the amount. Property: spouse, or if none, children jointly (§§ 15-2-402 to -403) |
No family amount/duration. Homestead is $50,000 cash, not ownership of a particular home; exempt property is up to $10,000 net tangible personal property (§§ 15-2-402 to -403) |
No family allowance. Part 4 applies to Idaho domiciliaries; nonresident homestead/property rights follow domicile law. Child homestead route uses under-21 support obligation or actual support plus federal disability (§§ 15-2-401 to -402) |
No family allowance. Homestead/property rights are expressly not mandatory or automatic and must be applied for; spouse/guardian/adult child selects, with PR selection after inability or reasonable-time failure (§ 15-2-405) |
No family rule. Section 15-2-405 imports creditor-claim timing: three-year outside cap, shortened by publication/actual-notice bars; claim requires delivery/mailing to PR plus court filing (§§ 15-3-801, -803 to -804) |
No family procedure. PR need not give actual or special allowance notice; ordinary creditor notice suffices. Written claim states basis, claimant/address, amount, and is delivered/mailed to PR and filed with clerk (§§ 15-2-405, 15-3-804) |
No family priority. Homestead and exempt property precede estate claims but not reasonable administration costs/expenses; homestead is cash, exempt property is selected tangible property (§§ 15-2-402 to -405) |
No family inheritance/waiver rule. Homestead/property generally add to will/intestacy/elective share unless will says otherwise; will may eliminate/limit spouse or adult-child rights, but not minor/disabled-child rights (§§ 15-2-402 to -406) |
| Illinois verified 2026-08-03 | 755 ILCS 5/15-1 to 15-4; nine-month spouse's and child's money award, with optional nonbequeathed goods for a timely selection |
Surviving spouse; minor children; adult child likely to become a public charge who was financially dependent on decedent (§§ 15-1, 15-2) |
Reasonable 9-month support; spouse ≥$20,000; minor generally ≥$10,000 each; qualifying adult ≥$5,000; no-spouse minors also share ≥$20,000 (§§ 15-1, 15-2) |
Spouse route: deceased IL resident and estate administered in IL; amount fits claimant's life and estate condition; adult must meet public-charge, dependency, residence, and prior-support tests (§§ 15-1, 15-2) |
Mandatory entitlement when allowable, unwaived, and unbarred; representative applies and court fixes amount; limited adult-child amount may be agreed (§§ 15-1 to 15-3) |
No general initial-application deadline stated; adult dependency notice due 30 days after notice; in-kind selection due 30 days after award notice; support period is 9 months (§§ 15-1 to 15-4) |
Representative applies and sends each recipient a copy of the award unless service waived; listed parties may petition for review and court may hear evidence; adult proves statutory dependency facts (§§ 15-1 to 15-3) |
Money or timely selected nonbequeathed goods; spouse payments ≤3 installments; second class, same-class shortfall pro rata; business-asset priority exception (§§ 15-1, 15-4, 18-10, 18-13, 19-6) |
Recipient's own property; spouse loses award only if will expressly makes its provision in lieu and spouse does not renounce; award may be waived, with no separate Article XV form (§§ 15-1, 15-3) |
| Indiana verified 2026-08-03 | Ind. Code §§ 29-1-4-1 and 29-1-14-9; fixed $25,000 survivor/family allowance with optional estate-property source election |
Surviving spouse of Indiana-domiciled decedent; if no spouse, children under 18 at death share one allowance equally; adultery/abandonment forfeiture statutes can bar spouse from estate (§§ 29-1-2-14 to -15, 29-1-4-1) |
$25,000 aggregate; personal property, real property, or combination; no maintenance duration stated; child age tested at death (§ 29-1-4-1(a)-(b)) |
Spouse route expressly requires Indiana domicile at death; award comes from estate real/personal property; children need only be under 18 at death, with no support, household, or need test stated (§ 29-1-4-1) |
Fixed statutory entitlement; optional court-filed source election within 90 days; no election means statutory default source order, not forfeiture (§ 29-1-4-1(a)-(c)) |
90 days after administration-opening order to elect funding property; objections within 30 days after election; no separate allowance-claim deadline or later age/termination rule stated in § 29-1-4-1 |
Notice/hearing only for objection to source election and court-approved realty sale; § 29-1-4-1 prescribes no verification, service list, attachments, or initial entitlement hearing |
Class 3 claim—behind administration and reasonable funeral/body-disposition expenses, ahead of federal-preference debts and lower classes; default source order intangible, tangible, then real property; realty deficiency becomes lien (§§ 29-1-4-1, 29-1-14-9) |
Not charged against spouse/child distributive shares; taking under will does not waive unless will clearly makes its provision in lieu; allowance statute states no general agreement-waiver method (§§ 29-1-3-7, 29-1-4-1(e)) |
| Iowa verified 2026-08-03 | Iowa Code §§ 633.374-.377; court-set 12-month spouse/child support, with parallel trustee allowances under §§ 633A.3114-.3115 |
Surviving spouse and co-resident decedent dependents; non-co-resident child if under 18, qualifying student/trainee age 18-22, or any-age disability-dependent (§§ 633.374, .376) |
No dollar cap; reasonable proper support for 12 months after death; court/trustee considers resources and estate/trust condition (§§ 633.374, .376; §§ 633A.3114-.3115) |
No express domicile limit in allowance sections; estate property, plus settlor's revocable trust if estate insufficient; separate trustee route only while no PR is appointed (§§ 633.374, .376; §§ 633A.3114-.3115) |
No automatic payment; PR notice followed by court application/order; if no PR, trustee notice followed by application and discretionary payment; interested person may petition for review (§§ 633.374-.377; §§ 633A.3114-.3115) |
4 months after service of rights notice; late claim deemed waived; support period is 12 months after death; spouse award survives death/remarriage; opening estate ends trust route absent PR consent (§§ 633.374, .376; §§ 633A.3114-.3115) |
Rights notice by mail; estate hearing notice to spouse, PR, revocable-trust trustee, and all interested persons; ordinarily ≥20 days; child notice to guardian and child/GAL; proof of service filed (§§ 633.40, .47, .374, .376) |
Set off estate property; revocable trust covers estate shortfall; administration-cost class behind court costs and pro rata with same class; prior trust payments reduce award (§§ 633.3(10), .374, .425-.426) |
Allowance sections state no claimant-share/elective-share charge; treated as administration cost; missed deadline waives, or spouse/child representative may file an irrevocable waiver affidavit (§§ 633.374, .376) |
| Kansas verified 2026-08-03 | K.S.A. §§ 59-401 to 59-404, 59-2235; bundled homestead, selected property, and court-set allowance |
Surviving spouse; decedent's minor children; guardian selects if no spouse (§ 59-403) |
Occupied homestead; listed household property, 1 automobile, 1 year of provisions/fuel; up to $75,000 additional money or appraised property (§§ 59-401, 59-403) |
Resident baseline; nonresident Kansas property uses the more liberal of domicile/Kansas allowance law with offsets; homestead occupancy required (§§ 59-401, 59-806) |
Statutory entitlement and selection plus court order; standard petition after inventory and valuation (§§ 59-403, 59-2235) |
No fixed filing deadline stated; petition follows inventory/valuation; child benefit lasts during minority; homestead partition waits for remarriage and all children reaching majority (§§ 59-402, 59-403, 59-2235) |
Petition gives names, ages, relationships, homestead/property descriptions, and selected-property value; hearing with or without notice (§ 59-2235) |
§ 59-403 property exempt from debts/demands except existing liens; delivered outside representative's custody (§§ 59-403, 59-1405, 59-2235) |
Will election does not waive absent clear in-lieu language; intestate estate remains subject; signed statutory waiver allowed (§§ 59-404, 59-502, 59-6a213) |
| Kentucky verified 2026-08-03 | No general family allowance; separate $30,000 property/money exemption and interim spouse dower/curtesy possession and rents (KRS §§ 391.030, 392.050) |
Exemption: spouse, or if none, surviving children; testate child route is limited to property bequeathed to them. Interim possession/rents: spouse (KRS §§ 391.030, 392.050) |
$30,000 exemption; spouse may petition before set-apart for ≤$2,500 bank withdrawal charged against it; possession/rents last until dower or curtesy assignment (KRS §§ 391.030, 392.050) |
No express domicile, age, dependency, household, or need test; exemption covers personal property or money, and testate children qualify only if no spouse and from property bequeathed to them (KRS § 391.030) |
Exemption must be set apart by District Court on application; early bank withdrawal requires spouse petition/order; interim spouse possession/rents arise at death until assignment (KRS §§ 391.030, 392.050) |
No express exemption-application deadline stated; early withdrawal is available only before set-apart; interim possession/rents end when dower or curtesy is assigned (KRS §§ 391.030, 392.050) |
No family-allowance procedure; KRS § 391.030 requires an application or early-withdrawal petition but states no special verification, service, notice, hearing, or proof elements |
No family-allowance priority; exemption is set apart by court, and administration may be dispensed with if exemption plus preferred claims equals/exceeds distributable assets (KRS §§ 391.030, 395.455) |
Testate spouse need not renounce will and receives exemption before statutory-share calculation; exemption may be waived for a preferred-claim payer in a dispensing proceeding (KRS §§ 391.030, 395.455) |
| Louisiana verified 2026-08-03 | La. C.C.P. art. 3321; court-approved interim periodic maintenance advance during succession administration |
Surviving spouse, heir, or legatee; no separate minor-child, dependency, household, or caregiver class stated (art. 3321) |
Reasonable periodic money, uncapped but ≤recipient's eventual share; administration period only; no lump-sum route stated (art. 3321) |
No express domicile condition in art. 3321; succession must be sufficiently solvent; necessity and eventual-share ceiling apply |
Court finding required; succession representative may petition for authority, or claimant may compel payment by contradictory motion (art. 3321) |
No calendar filing deadline stated; allowance operates only during administration and cannot exceed recipient's eventual share (art. 3321) |
Publish notice once; opposition due 10 days after publication; claimant must show necessity, sufficient solvency, and eventual share (art. 3321) |
Periodic succession funds only; unavailable unless sufficiently solvent; advance is charged to recipient's own share, not given creditor priority (art. 3321) |
Every payment reduces the recipient's eventual succession share; art. 3321 states no allowance-specific waiver rule |
| Maine verified 2026-08-03 | 18-C M.R.S. §§ 2-401 to 2-405; indexed cash family allowance bundled with indexed homestead and exempt-property rights |
Surviving spouse; support-obligated minor children; children actually supported. Payment normally goes to spouse for family, otherwise children/caregivers; split payment permitted (§ 2-404) |
2026 death: PR up to $35,400 lump sum or $2,950/month for 1 year; court may vary. If estate inadequate, family allowance lasts no more than 1 year. Homestead $29,500; exempt property $19,700 (§§ 1-108, 2-402 to 2-405) |
Maine-domiciled decedent; money/property from estate; nonresident rights follow domicile law. Child needs support-obligated minority or actual support (§§ 2-401, 2-404) |
Statutory entitlement; PR determines and promptly satisfies within ceiling. Aggrieved PR/interested person may petition for appropriate relief, including a different amount (§§ 2-402 to 2-405) |
No fixed request deadline stated; inadequate-estate support ends after 1 year, and a recipient's death ends that person's unpaid family allowance (§ 2-404) |
Court petition is a written request for an order after notice; Part 4 states no special verification, attachment list, hearing format, or family-allowance proof standard (§§ 1-201(41), 2-405) |
Estate money, lump sum/installments; costs and administration, reasonable funeral expenses, and homestead come first; family allowance precedes other claims and must be promptly satisfied from available assets (§ 2-404) |
Additional to will/intestacy/elective share unless will expressly provides in-lieu benefit. Spouse may waive wholly/partly by signed writing, subject to voluntariness/disclosure safeguards (§§ 2-213, 2-404) |
| Maryland verified 2026-08-03 | Md. Code, Est. & Trusts § 3-201; fixed-dollar probate family allowance |
Surviving spouse; surviving registered domestic partner of an intestate decedent; each unmarried child under 18 at death (§§ 2-214, 3-201) |
$10,000 spouse/partner; $5,000 per qualifying child; fixed one-time allowance, with no support-period formula (§ 3-201) |
No decedent-domicile, dependency, household, or need test stated; payable from probate-estate property; partner benefit is intestacy-only (§§ 1-101, 2-214, 3-201) |
Statutory entitlement paid by PR; § 3-201 states no separate petition or court-order requirement; small-estate register directs immediate payment (§§ 3-201, 5-603) |
No allowance-specific filing deadline or later termination rule stated; child's age and unmarried status are fixed at decedent's death (§ 3-201) |
§ 3-201 prescribes no verification, service, notice, hearing, or need proof; small-estate direction follows register's accuracy finding (§ 5-603) |
Fifth class in insolvent estate; no preference within class; child paid to guardian, qualifying caregiver, or protected sole-name account (§§ 8-105, 13-501) |
Generally excluded before net-estate distribution; spouse's signed all-rights waiver includes allowance; partner has no elective share (§§ 1-101, 2-214, 3-406) |
| Massachusetts verified 2026-08-03 | G.L. c. 190B, §§ 2-401, 2-403 to -405; discretionary cash family allowance plus exempt property and 6-month rent-free occupancy; § 2-402 reserved |
Surviving spouse; support-obligated minor children; children within § 1-201 actually supported at death; payment routed through spouse or caregivers (§§ 1-201, 2-404) |
Reasonable family allowance; PR may set $18,000 lump sum or $1,500/month for 1 year; court may vary; companion $10,000 net exempt property and 6-month rent-free occupancy (§§ 2-403 to -405) |
Massachusetts-domiciled decedent; money/property from estate; nonresident rights follow domicile law; child needs support obligation or actual support (§§ 2-401, 2-404) |
Statutory entitlement with discretionary amount; PR may determine/pay within cap; aggrieved PR/interested person may petition for other relief (§§ 2-404 to -405) |
No allowance-request deadline stated in Part 4; unpaid right ends at recipient death; 1-year cap if estate inadequate; occupancy ends 6 months after death (§§ 2-403 to -404) |
No prescribed filing for PR-set amount; court petition is a written request for an order after notice; Part 4 states no verification, attachment, or hearing format (§§ 1-201, 2-404 to -405) |
Lump sum/installments; exempt from and ahead of all unsecured claims; exempt-property make-up assets abate for earlier family allowance (§§ 2-403 to -405) |
Not charged against will/intestacy/elective share unless will says otherwise; enacted Part 4 states no express waiver method, and Chapter 190B Part 2 is reserved (§ 2-404; Article II index) |
| Michigan verified 2026-08-03 | MCL 700.2401–.2405; reasonable family allowance bundled with homestead and exempt-property allowances |
Surviving spouse; support-obligated minor children; any child of decedent or another actually supported at death (MCL 700.2403) |
Reasonable; PR-set 2026 cap $36,000 or $3,000/month for 1 year; court may vary; 1-year maximum only if estate inadequate (MCL 700.2403, .2405) |
Michigan-domiciled decedent; estate funds, with qualifying revocable trust shortfall; child needs support obligation or actual support (MCL 700.2401, .2403, .7605) |
Payable entitlement; PR may determine/disburse within adjusted cap; PR or aggrieved interested person may petition for other relief (MCL 700.2403, .2405) |
No filing deadline stated in Part 4; unpaid right ends at recipient's death; 1-year cap if estate cannot discharge allowed claims (MCL 700.2403) |
No prescribed claimant filing for PR-set amount; court petition available for aggrieved PR/interested person; reasonableness, support, needs, and estate adequacy control (MCL 700.2403, .2405) |
Lump sum/installments; behind administration, funeral/burial, and homestead allowance; ahead of other claims; revocable trust may cover probate shortfall (MCL 700.2403, .7605) |
Additional to will/intestacy/elective share unless will says otherwise; spouse may waive by signed writing after fair disclosure (MCL 700.2205, .2403) |
| Minnesota verified 2026-08-03 | Minn. Stat. §§ 524.2-401 to -405; monthly reasonable family allowance bundled with homestead descent and exempt-property rights |
Surviving spouse; minor child the decedent was obligated to support; child actually supported at death; spouse, child, guardian, conservator, or custodian may receive (§ 524.2-404) |
$2,300/month PR ceiling; court may vary; 12 months if estate inadequate, 18 months if adequate; companion $15,000 net household property plus one automobile (§§ 524.2-403 to -404) |
Minnesota-domiciled decedent; money from estate; revocable trust covers probate shortfall; child needs support obligation or actual support (§§ 524.2-401, -404; § 501C.0505) |
Statutory allowance; PR may determine ≤$2,300/month; aggrieved PR or interested person may petition for a different allowance (§ 524.2-404) |
No calendar filing deadline stated in §§ 524.2-404 to -405; 12- or 18-month duration; entitled person's death does not terminate the allowance right |
No prescribed claimant filing for PR-set amount; court petition is a written request for an order after notice; support, reasonableness, and estate adequacy control (§§ 524.1-201, 524.2-404) |
Monthly cash; exempt from and ahead of all claims, including administration/funeral liabilities; revocable trust may fund probate shortfall (§§ 524.1-201, 524.2-404; § 501C.0505) |
Additional to will/intestacy/elective share unless will says otherwise; spouse may waive specifically in signed writing after fair disclosure; premarital waiver follows § 519.11 (§§ 524.2-213, -404) |
| Mississippi verified 2026-08-16 | Miss. Code Ann. §§ 91-7-117, -135, -141; mandatory court-set one-year provision bundled with automatically vested exempt personal property |
Surviving spouse and children being supported by decedent; spouse alone if no such children, or supported children alone if no spouse; § 117 separately names widow and children |
No dollar cap; provisions plus sum necessary for comfortable support for 1 year; exempt property counts toward provision; court may apportion any part (§§ 91-7-135, -141) |
Territorial rule covers property of Mississippi domiciliaries and Mississippi realty of nonresidents; award comes from decedent's effects; children must have been supported (§§ 91-1-1, 91-7-135) |
Exempt-property title vests at death without fiduciary action; court/chancellor has mandatory duty to set one-year support, but §§ 91-7-135 and -141 state no special filer or petition form |
No express claim deadline, death/remarriage rule, or unpaid-right survival rule in §§ 91-7-135 and -141; statutory support period is 1 year |
No special notice, hearing, verification, or petition-content rule stated; court determines comfortable-support sum and may apportion by situation, rights, and interests (§§ 91-7-135, -141) |
Exempt property vests by operation of law; court may direct payment of any allowance portion; §§ 91-7-117, -135, -141 state no creditor class, insolvency reduction, or lump-sum/installment rule |
Exempt property vests separately and counts toward year's provision; surveyed sections state no charge against inheritance/elective share, will override, or allowance-specific waiver method |
| Missouri verified 2026-08-03 | Mo. Rev. Stat. §§ 474.250-.280 and 473.397; reasonable one-year family support plus value-uncapped enumerated exempt property |
Support allowance: spouse, support-obligated minor children, and children actually supported; exempt property: spouse, or unmarried minor children if no spouse (§§ 474.250, 474.260) |
Reasonable uncapped support for administration, maximum 1 year; lump sum, installments, or estate property; listed exempt property without value limit (§§ 474.250, 474.260) |
No express domicile condition in cited allowance sections; funded from estate; child qualifies through support obligation or actual support; court weighs living standard, estate, resources, and expenses (§ 474.260) |
Statutory support entitlement, but court sets amount and may authorize property; exempt property requires application before distribution or sale (§§ 474.260-.270) |
No support-request deadline stated in § 474.260; maximum 1 year; recipient death ends unpaid support; exempt-property application due before distribution or sale (§§ 474.260-.270) |
Court considers prior living standard, estate condition, applicant income/assets, and expenses; § 474.260 states no verification, service, attachment, or hearing format |
Class 3 behind costs and administration; support may be lump sum/installments/property and is exempt from all claims; property selection follows § 473.620 abatement (§§ 473.397, 473.620, 474.260) |
Additional to will, intestacy, and elective share unless otherwise provided; no express agreement-waiver method in cited allowance provisions; specified spouse misconduct bars allowances absent reconciliation (§§ 474.140, 474.260) |
| Montana verified 2026-08-03 | Mont. Code Ann. §§ 72-2-411 to -415; reasonable cash family allowance bundled with fixed homestead and exempt-property rights |
Surviving spouse; support-obligated minor children; children actually supported. Payment normally goes to spouse for family, otherwise children/caregivers; split permitted. Exploiter or intentional killer forfeits (§§ 72-2-414, -813) |
PR: up to $27,000 lump sum or $2,250/month for 1 year; court may vary. If estate inadequate, allowance lasts no more than 1 year. Homestead $22,500; exempt property $15,000 (§§ 72-2-412 to -415) |
Montana-domiciled decedent; family allowance is estate money. Nonresident rights follow domicile law; child needs support-obligated minority or actual support (§§ 72-2-411, -414) |
Statutory entitlement; PR may determine/disburse within ceiling. Aggrieved PR/interested person may petition for appropriate relief, including a different amount (§§ 72-2-414 to -415) |
No fixed request deadline stated; inadequate-estate support ends after 1 year, and any recipient's death ends unpaid family allowance (§ 72-2-414) |
Sections 72-2-411 to -415 state no special verification, notarization, service list, attachment requirement, proof standard, or mandatory initial hearing; § 72-2-415 authorizes aggrieved-party court relief |
Estate money, lump sum/installments; homestead is first, family allowance follows ahead of all other claims, and exempt-property deficiency assets yield to earlier homestead/family payment (§§ 72-2-412 to -415) |
Additional to will/intestacy/elective share unless will says otherwise. Spouse may affirm, modify, or waive only by signed written agreement with counsel-access, plain-language, and disclosure safeguards (§§ 72-2-243, -414) |
| Nebraska verified 2026-08-03 | Neb. Rev. Stat. §§ 30-2322 to -2325; reasonable cash family allowance bundled with fixed homestead and exempt-property rights |
Surviving spouse; minor children decedent was obligated to support; and children actually supported. Payment normally goes to spouse for spouse/children, otherwise to children or caregivers; split payment permitted (§ 30-2324) |
2026 death: PR up to $20,000 lump sum or $1,666.67/month for 1 year; court may vary. If estate inadequate, family allowance lasts no more than 1 year. Homestead $20,000; exempt property $12,500 (§§ 30-2322 to -2325) |
Decedent must have been domiciled in Nebraska; family allowance is money from estate. Child must be support-obligated minor or actually supported; no separate spouse-need condition (§ 30-2324) |
Statutory entitlement; PR determines and disburses allowance within ceiling. PR or interested person aggrieved by action/inaction may petition for larger or smaller amount; homestead/exempt selections follow § 30-2325 |
No express filing deadline. Insolvent-estate support ends after 1 year; nonspouse death ends unpaid family allowance. Spouse's finally determined rights vest at death, survive unpaid into spouse's estate, and do not end at death/remarriage (§§ 30-2324 to -2325) |
Court may require notice before PR makes homestead/exempt selections in a § 30-2405 proceeding; allowance statutes state no special verification, notarization, attachment list, or mandatory family-allowance hearing (§ 30-2325) |
Estate money, lump sum/installments. Family allowance trails administration costs and homestead but precedes other claims. Exempt-property deficiency also yields to homestead/family and specified DHHS claims (§§ 30-2322 to -2325) |
Family and homestead are additional to will/intestacy/elective share unless will says otherwise; exempt-property wording differs for disinherited children. Spouse may waive wholly/partly by signed writing, subject to voluntariness/disclosure safeguards (§§ 30-2316, -2322 to -2324) |
| Nevada verified 2026-08-03 | NRS 146.005-.050; possession/set-apart homestead and exempt property, then discretionary reasonable family allowance if insufficient |
Surviving spouse and minor child or children, subject to Chapter 146 and NRS 125C.0045; allowance limited/apportioned if a claimant has other reasonable maintenance (NRS 146.010, .030) |
No dollar cap; necessary reasonable maintenance during administration; insolvent estate ≤1 year after letters; temporary homestead ≤spouse life or child's minority, whichever longer (NRS 146.030, .050) |
No express domicile test in Chapter 146; estate-funded allowance only after all execution-exempt property is set apart and insufficient; court considers needs/resources (NRS 146.020, .030) |
Entitlement to possession/reasonable support, but court decides set-apart property and cash allowance; exempt property may be set apart on court motion or interested-person petition (NRS 146.010-.030) |
No express allowance-petition deadline; solvent allowance lasts during administration; insolvent cap is 1 year after letters; temporary homestead ends no later than spouse life/child minority (NRS 146.030, .050) |
Petition hearing ordinarily requires ≥10-day notice to interested persons; court may alter/dispense for good cause; proof by hearing; Chapter 146 states needs/resources standard, no special verification (§ 155.010) |
PR pays court-set allowance; may relate back to death; behind funeral, last-illness, and administration expenses but ahead of all other charges; 1-year insolvency cap (NRS 146.030-.040) |
No family-allowance charge-against-share rule stated; homestead vesting follows § 146.050; enforceable signed premarital agreement may displace spouse rights, but not adversely affect child support (§ 146.005; ch. 123A) |
| New Hampshire verified 2026-08-16 | RSA 560:1-2; discretionary spouse support from personal estate plus 40-day rent-free occupancy and sustenance |
Surviving spouse only; widow, widower, husband, and wife are gender-neutral terms (§§ 21:3, 560:1-2). No child claimant is stated |
Court-set reasonable amount with no dollar cap or stated § 560:1 duration; 40 days rent-free in decedent's house plus reasonable sustenance (§§ 560:1-2) |
No express domicile or dependency test; allowance is from personal estate, and the 40-day layer applies while the spouse remains in decedent's house (§§ 560:1-2) |
§ 560:1 allowance requires discretionary judge action; § 560:2 occupancy and sustenance arise by statute for the 40-day period |
No filing deadline stated in §§ 560:1-2; house right ends after 40 days; generally 120-hour survival required, subject to statutory exceptions (§§ 563:2, :6) |
Sections 560:1-2 state no allowance-specific petition contents, notice, hearing, verification, attachments, or proof standard |
Paid from personal estate; no separately named allowance priority or insolvency protection in §§ 560:1, 554:19 to :19-b |
All or a judge-set part is charged to the distributive and elective shares; a will gift presumptively replaces statutory estate rights unless the will says otherwise; no separate allowance-waiver method stated (§§ 560:1, :17) |
| New Jersey verified 2026-08-03 | N.J.S.A. 3B:3-30; discretionary support allowance pending a contest over probate of a purported will |
Surviving spouse/civil-union partner; any decedent's child; any child of a deceased child; spouse must have formal union and cohabit at death (§§ 3B:3-30, 37:1-33) |
No fixed cap; just support amount from estate income while contest is pending; separate contest-expense allowance may reach corpus (§ 3B:3-30) |
No domicile, age, minority, or dependency condition stated; spouse cohabitation required; support source is estate income (§ 3B:3-30) |
Not automatic; Superior Court may award only on eligible person's application during pending will contest (§ 3B:3-30) |
No fixed filing period stated; application must occur while contest is pending; statutory authority ends when contest ends (§ 3B:3-30) |
No section-specific form, verification, notice, or hearing rule; applicant must establish pending contest and claimant status, plus spouse's formal union/cohabitation (§ 3B:3-30) |
Support paid from estate income by estate custodian; no creditor priority or insolvency rule stated; corpus is named only for contest expenses (§ 3B:3-30) |
Section states no credit against inheritance/elective share and no waiver rule; allowance is litigation-pending support (§ 3B:3-30) |
| New Mexico verified 2026-08-03 | NMSA 1978 §§ 45-2-401 to -407; fixed $30,000 family allowance plus separate $15,000 personal-property allowance; no separate homestead allowance |
Family: surviving spouse, or if none, each minor and dependent child sharing one $30,000 pool. Property: spouse, or if none, children who are devisees, § 45-2-302 takers, or intestate heirs (§§ 45-2-402 to -403) |
$30,000 family allowance; plus up to $15,000 net value in household furniture, automobiles, furnishings, appliances, personal effects, or substitute assets. No duration stated (§§ 45-2-402 to -403) |
Applies when decedent was domiciled in New Mexico; otherwise domicile law governs. Paid or selected from estate property; child route covers minors and dependents, without a separate need finding (§§ 45-2-401 to -405) |
Statutory entitlement plus claimant selection; spouse, minor-child guardian, or adult child may select estate property. PR may select after inability or unreasonable delay; aggrieved PR/interested person may petition (§§ 45-2-402 to -405) |
No numeric claim deadline, fixed support period, remarriage rule, or express death-termination rule in Part 4; PR-selection authority begins if claimants fail to select within a reasonable time (§ 45-2-405) |
Part 4 states no special notice, service, verification, attachment, or mandatory-hearing rule; an aggrieved PR or interested person may petition the court for appropriate relief (§ 45-2-405) |
Family allowance is exempt from and ahead of all claims. Personal-property rights are also ahead of claims, but deficiency assets abate as needed for the earlier family allowance; specifically devised property is protected if estate is otherwise sufficient (§§ 45-2-402 to -405) |
Both allowances add to will/intestacy benefits unless the will or governing instrument provides otherwise; they replace listed execution exemptions. Spouse may waive either wholly/partly by signed writing, subject to voluntariness and disclosure safeguards (§§ 45-2-402 to -407) |
| New York verified 2026-08-03 | N.Y. EPTL § 5-3.1; itemized family exemption/set-off, not a general court-set maintenance allowance |
Surviving spouse unless disqualified under § 5-1.2; otherwise decedent's children under 21 (§ 5-3.1(a)) |
Household $20,000; family books/media $2,500; animals/farm items $20,000; 1 vehicle $25,000; money/securities $25,000; vested set-off during settlement (§ 5-3.1) |
No domicile/dependency test stated; listed items must exist at death; business-only items excluded; value is net of liens (§ 5-3.1) |
Property is not an estate asset and vests by statute; SCPA § 2102(2) proceeding may compel fiduciary delivery or value |
No claim deadline or installment termination stated; eligibility and listed property are measured at death and vest then (§ 5-3.1) |
No petition, verification, notice, or hearing formula in § 5-3.1; court may issue transfer documents, and SCPA § 2102 supplies enforcement |
Set-off is outside estate assets; money first covers funeral shortfall; values are net of encumbrances (§ 5-3.1(a)(6), (d)) |
Spouse takes unless § 5-1.2 disqualified; children then take; no express waiver rule in § 5-3.1; specific legatee receives excess purchase payment |
| North Carolina verified 2026-08-03 | N.C. Gen. Stat. art. 4, §§ 30-15 to 30-31; fixed year's allowance plus possible additional allowance |
Surviving spouse; each child under 21 at death, including adopted, in-utero, and in-loco-parentis children (§§ 30-15, 30-17) |
$60,000 spouse; $10,000 per child; one year of support; additional support capped by prior income formula (§§ 30-15, 30-17, 30-31) |
No Article 4 domicile limit; NC venue includes nonresident estates with NC assets; estate cash/personal property only; no need test for fixed awards (§§ 28A-3-1, 30-18) |
Statutory entitlement, but verified petition and clerk's award required; additional amount requires contested estate proceeding (§§ 30-15, 30-17, 30-20, 30-27) |
Claimant's lifetime; if representative appointed, 6 months after letters; additional claim: 1 year after death or 6 months after letters (§§ 30-15, 30-17, 30-27) |
Verified petition; personally deliver or first-class mail copy to appointed representative; clerk determines entitlement/property; additional claim is contested (§§ 30-15, 30-17, 30-20, 30-27) |
Cash/personal property only; exempt from estate claims; spouse before children unless priority waived; deficiency judgment if short (§§ 30-15, 30-17, 30-18, 30-20) |
Spouse may also seek elective share; additional to intestate share but charged to testate share; child's award always additional; late spouse can waive priority only (§§ 30-15, 30-17) |
| North Dakota verified 2026-08-03 | N.D. Cent. Code ch. 30.1-07; reasonable cash family allowance bundled with a $15,000 exempt-property right and § 47-18-01 homestead |
Surviving spouse; support-obligated minor children; children actually supported. Payment normally goes to spouse for family, otherwise children/caregivers; split permitted (§ 30.1-07-02) |
PR: up to $27,000 lump sum or $2,250/month for 1 year; court may vary. Inadequate-estate support ≤1 year; exempt property $15,000; homestead value $150,000 over liens (§§ 30.1-07-01 to -03; 47-18-01) |
North Dakota-domiciled decedent; family allowance is estate money. Nonresident rights follow domicile law; child needs support-obligated minority or actual support (§§ 30.1-07-00.1, -02) |
Statutory entitlement; PR may determine/disburse within ceiling. PR or interested person aggrieved by action/inaction may petition for a different allowance (§§ 30.1-07-02 to -03) |
No fixed request deadline stated; inadequate-estate support ends after 1 year, and any recipient's death ends unpaid family allowance (§ 30.1-07-02) |
Chapter 30.1-07 states no special verification, notarization, service list, attachments, proof standard, or mandatory initial hearing; aggrieved-party court relief is available (§ 30.1-07-03) |
Estate money, lump sum/installments. Homestead precedes family; family precedes all claims; assets filling an exempt-property deficiency yield to homestead and family (§§ 30.1-07-01 to -03) |
Additional to will/intestacy/elective share unless will says otherwise. Post-July 2013 spouse waiver uses a both-signed record with UPMMA counsel, rights-notice, and disclosure safeguards (§§ 14-03.2-01, -05, -08; 30.1-07-02) |
| Ohio verified 2026-08-03 | R.C. 2106.13; one-time $40,000 allowance for support in money or estate property |
Surviving spouse, minor children, or both; no adult-dependent or other claimant class stated (§ 2106.13(A)) |
$40,000 aggregate in money or property; no separate duration stated; multiple selected automobiles reduce allowance by lowest vehicle value (§ 2106.13(A), (C), (F)) |
No express decedent-residency condition; setoff remains estate assets; mixed-family allocation turns on respective needs (§ 2106.13(A)–(C)) |
Statutory entitlement; court orders distribution; fiduciary applies when court allocation is required and moves for allowance on statewide Form 7.1 or 7.2 (§ 2106.13; Forms 7.1–7.2) |
Allocation application due within 5 months after initial fiduciary appointment; no separate termination, death, remarriage, or majority rule stated (§ 2106.13(D)) |
Form 7.2 sets hearing plus 7-day certified-mail notice; court weighs needs; fiduciary serves allowance/apportionment entry within 7 days (Form 7.1 or 7.2) |
Money/property setoff; third in statutory order; no claim presentation required; same-class shortfall ratable (§§ 2106.13, 2117.25) |
Setoff is estate assets; § 2106.13 states no will/intestate/elective-share credit; competent adult or guardian with court consent may waive (§ 2106.13(A), (E)) |
| Oklahoma verified 2026-08-03 | 58 O.S. §§ 311-318; bundled homestead, enumerated/execution-exempt property, and discretionary additional family-maintenance allowance |
Maintenance: surviving spouse and children, or either (§ 314; no age/dependency qualifier stated there). Property rules separately allocate to spouse and minor children (§§ 312, 316) |
No dollar cap or payment form stated; reasonable maintenance according to family circumstances during settlement; insolvent estate ≤1 year after letters; may start at death (§§ 314-315) |
No express domicile/need test; allowance requires prior set-aside insufficient or unavailable plus other estate; homestead and property protections use spouse/child status (§§ 311-314) |
Allowance requires discretionary court action; §§ 314-315 state no filer or application form. Homestead possession and § 311 delivery arise by statute; executor/administrator must deliver listed property immediately |
No express allowance filing deadline; solvent-estate duration is settlement period, insolvent duration ≤1 year after letters; court may make award effective from death (§§ 314-315) |
No allowance-specific petition contents, verification, service, notice, hearing, or proof elements stated in §§ 311-318; court must find set-aside insufficiency/absence, other estate, and reasonable family maintenance (§ 314) |
Allowance trails only funeral and administration expenses, ahead of all other charges; insolvent duration ≤1 year. Homestead/set-apart property has separate debt protections (§§ 312-315) |
Allowance is not stated to reduce inheritance and no waiver rule is stated; homestead title passes subject to occupancy; set-apart property ownership is allocated by § 316, with widow-own-maintenance shift in § 318 |
| Oregon verified 2026-08-03 | ORS §§ 114.005-.085; court-ordered necessary/reasonable probate support plus separate principal-dwelling occupancy |
Surviving spouse and dependent children, or any of them; petition may be filed by or for a claimant; occupancy requires residence in principal dwelling at death (§§ 114.005, .015) |
Real/personal property transfer or periodic cash ≤2 years; if award would make estate insolvent, ≤1/2 estimated estate and periodic cash ≤1 year; occupancy ≤1 year (§§ 114.005, .055, .065) |
No express domicile test; child must be dependent; court weighs estate solvency, nonestate support property, and estate property inherited/devised to claimants (§ 114.055) |
Support requires petition, court order, and hearing; temporary support may be ordered pending hearing; qualifying occupants may continue in dwelling unless court alters/waives for good cause (§§ 114.005, .015, .035) |
No express petition deadline; court may modify/terminate support; periodic cash ends by year 2 (year 1 if insolvency); occupancy ends by year 1 or earlier interest termination (§§ 114.005, .045, .055, .065) |
Serve PR unless PR petitions; notify persons whose shares may shrink unless court orders otherwise; hearing required; petition discloses other support property and estimated expenses; PR supplies estate/claim/tax/expense estimates (§§ 114.015, .025) |
Support has priority over claims/admin expenses, subject to insolvency cap, and is treated as an admin expense; whole-estate route uses remainder after claims, taxes, and admin expenses (§§ 114.065, .075, .085) |
Support is not charged against recipient's distributive share, though inherited/devised property affects amount; no support-waiver rule stated; court may alter/waive occupancy for good cause (§§ 114.005, .055, .075) |
| Pennsylvania verified 2026-08-03 | 20 Pa.C.S. §§ 3121–3126; one-time $3,500 family exemption, not periodic maintenance |
Spouse; if none or forfeited, children in decedent's household; if none, parent(s) in household (§ 3121) |
$3,500 total in real property, personal property, or both; one-time exemption with related estate income (§§ 3121, 3124) |
Decedent domiciled in Pennsylvania; household required for child/parent; unsold estate property; revocable trust reachable if probate inadequate (§§ 3121, 7745(3)) |
Claimant may retain or claim; PR delivers personalty; guardian/PR selects for minor/incapacitated person without request; petition for court control or realty (§§ 3121–3123) |
No general claim deadline; property cannot already be sold; record realty decree within 1 year to defeat later grantee/lienholder, or before their instrument (§§ 3121, 3126) |
Personalty uses inventory/appraisement value; court may control on petition and directed notice; realty needs petition, 2 appraisers, and directed notice (§§ 3122–3123) |
Priority class 2 after administration costs; revocable trust may cover probate shortfall; realty costs are administration expenses (§§ 3123(e), 3392, 7745(3)) |
Spouse may forfeit right; specifically disposed property protected if other assets exist; income prorated with other estate takers; no express waiver/elective-share rule (§§ 3121, 3124) |
| Rhode Island verified 2026-08-03 | R.I. Gen. Laws §§ 33-10-1 to -3; court-set temporary family support plus wearing-apparel and necessary household-property awards |
Support is for decedent's family; full class not defined. Statutes expressly identify surviving spouse and minor children. PR or any party in interest may apply (§§ 33-10-1, -3) |
No dollar cap; reasonable support based on family situation and estate value/circumstances. Initial period ≤6 months from death; discretionary second period ≤6 months. Necessary household property also available (§§ 33-10-1, -3) |
No express domicile or dependency formula in Chapter 33-10; cash comes from probate estate, personal property first, then real estate sale if needed (§ 33-10-3) |
Application required from PR or any party in interest; court shall set reasonable initial allowance. Second allowance is discretionary and unavailable after final account allowed (§ 33-10-3) |
Initial application: within 6 months after first publication of PR-qualification notice. Second: after first 6-month period and within 1 year after first publication; support also ends when otherwise provided (§ 33-10-3) |
Section 33-10-3 requires an application and directs court to consider family situation and estate value/circumstances; it states no verification, service, attachment, or mandatory-hearing format |
Allowance is an administration expense; personal property is exhausted before real estate sale. Allowed household property is not an estate asset. Appealed allowance may be paid against court-approved repayment bond (§§ 33-10-2 to -3, 33-12-1) |
Allowed personal property is removed from estate assets; temporary-support statute states no charge against inheritance/elective share and no allowance-specific waiver method (§§ 33-10-1 to -3) |
| South Carolina verified 2026-08-03 | No temporary probate family allowance; S.C. Code §§ 62-2-401 to -403 provide exempt property only |
No family-allowance claimant; exempt property goes to surviving spouse, or if none, minor/dependent children jointly (§ 62-2-401) |
No support amount/duration; separate exempt-property right up to $45,000 net in listed property or other estate assets (§ 62-2-401) |
No family allowance; exempt property requires South Carolina domicile and estate assets; child route applies only if no spouse (§ 62-2-401) |
No family allowance; exempt-property entitlement requires court filing plus mailing/delivery to PR; PR may select if family fails to act (§ 62-2-402) |
No family-allowance clock; exempt-property claim due by later of 8 months after death or 6 months after will probate; 120-hour survival rule (§§ 62-2-401 to -402) |
No family-allowance procedure; exempt-property claimant files in court and mails/delivers claim to PR; aggrieved person may seek court relief (§ 62-2-402) |
No family allowance; exempt property trails administration costs/fees and reasonable funeral expenses, but precedes other claims (§ 62-2-401; § 62-3-805(a)(1)) |
No allowance effect/waiver; exempt property is charged against will/intestacy/elective share unless will says otherwise; spouse may waive in signed writing after written disclosure (§§ 62-2-204, -401) |
| South Dakota verified 2026-08-03 | S.D. Codified Laws §§ 29A-2-401 to -403; reasonable cash family allowance bundled with homestead and exempt-property rights |
Surviving spouse; support-obligated minor children; children actually supported. Payment normally goes to spouse for family, otherwise children/caregivers; split permitted (§ 29A-2-403) |
PR: up to $18,000 lump sum or $1,500/month for 1 year without court approval; court may order a different allowance. Homestead and exempt property also apply (§§ 29A-2-402 to -403) |
South Dakota-domiciled decedent; family allowance is estate money. Nonresident rights follow domicile law; child needs support-obligated minority or actual support (§§ 29A-2-401, -403) |
Statutory entitlement; PR may determine and pay within stated ceiling without court approval. Aggrieved PR/interested person may petition for different relief (§ 29A-2-403) |
No fixed request deadline stated in Part 4; maintenance is during administration, PR installments are limited to 1 year, and recipient death ends unpaid allowance (§ 29A-2-403) |
Part 4 states no special verification, notarization, service list, attachments, proof standard, or mandatory initial hearing; an aggrieved person may petition for relief (§§ 29A-2-401 to -403) |
Estate money, lump sum/installments; homestead and exempt property have first priority, then family allowance ahead of all claims (§§ 29A-2-402 to -403) |
Additional to will/intestacy/elective share unless will says otherwise; spouse may waive by signed writing subject to voluntariness and unconscionability safeguards (§§ 29A-2-213, -403) |
| Tennessee verified 2026-08-03 | Tenn. Code Ann. §§ 30-2-101 to -105; court-set one-year money allowance, with personal property available in lieu and companion exempt property |
Spouse of intestate or spouse electing against will; court may divide with unmarried minor children; if no spouse, unmarried minor children; 120-hour and killer rules apply (§§ 30-2-102, 31-1-106, 31-3-120) |
Uncapped reasonable amount for 1 year after death, based on prior living standard, estate condition, total circumstances, and possible nonprobate spouse assets; personal property may replace money (§ 30-2-102) |
No separate domicile test stated in §§ 30-2-101 to -105; award comes from decedent's estate; children must be unmarried minors; spouse's nonprobate assets may affect amount but are not an award source |
Eligible spouse is entitled, but court fixes/orders the amount; no automatic fixed sum; § 30-2-101 separately requires application for exempt property before distribution or sale |
Action within § 31-4-102 limits—ordinarily 9 months after death, with its spouse title-litigation extension; spouse's vested right survives death during year; child right ends at death, marriage, or majority (§§ 30-2-102, -104) |
Allowance sections prescribe no initial petition contents, verification, service, notice, or hearing format; court may appoint freeholders; dissatisfied listed parties may take a de novo appeal under § 30-2-102(f) |
Money or credited personal property; spouse's award is absolute property, exempt from all claims and outside administration; administrator holds children's property as trustee; certain direct wage/fund payments offset the allowance (§§ 30-2-102 to -105) |
Additional to homestead, elective share, and exempt property; testate spouse must elect against will; no express allowance-waiver form, while qualifying premarital property agreements are governed by § 36-3-501 |
| Texas verified 2026-08-03 | Tex. Est. Code ch. 353, subch. C; court-fixed one-year family allowance |
Surviving spouse, minor children, and adult incapacitated children supported at death (§ 353.101) |
No fixed cap; sufficient for maintenance for 1 year after death; lump sum or installments; estate personalty may satisfy (§§ 353.102, 353.106) |
Own property adequate for maintenance bars award; incapacitated adult child also must have been supported at death; specified TOD assets may cover estate insufficiency (§§ 353.101, 114.106) |
Court must fix after inventory approval/affidavit; earlier verified application by spouse or authorized child representative (§ 353.101) |
Early-application window ends at inventory approval or affidavit filing; amount covers first year after death; no separate Subchapter C termination rule (§§ 353.101–353.102) |
Early verified application states 1-year need and claimant-owned property; applicant proves facts by preponderance at hearing; no separate notice formula (§ 353.101) |
After Class 1 funeral/last-illness claims and before administration/other claims; liens continue; insolvent recipients hold paid allowance absolutely (§§ 353.104, 353.151, 353.153, 355.103) |
No express inheritance-credit, elective-share, or waiver rule in Subchapter C; insolvent-estate allowance belongs absolutely to recipients (§ 353.153) |
| Utah verified 2026-08-03 | Utah Code §§ 75-2-401 to -405; reasonable cash family allowance plus indexed homestead and exempt-property rights |
Surviving spouse; minor child the decedent was obligated to support; child actually supported at death; spouse, child, guardian, or custodian may receive (§§ 75-1-201(33), 75-2-404) |
2026: $33,700 homestead; $22,500 exempt property; reasonable family allowance, PR ceiling $40,500 lump/$3,375 monthly for 1 year; court may vary (§§ 75-1-110, 75-2-402 to -405) |
Utah-domiciled decedent; family allowance is estate money during administration; child needs support obligation or actual support; nonresident rights follow domicile law (§§ 75-2-401, -404) |
Entitlement; PR may determine and pay within indexed ceiling without court order; aggrieved PR/interested person may petition for different relief (§§ 75-2-404 to -405) |
No express claim deadline; PR installments ≤1 year; any allowance ≤1 year if estate inadequate; otherwise during administration; claimant death ends unpaid right (§§ 75-2-404 to -405) |
No special filing/proof rule for PR determination; court petition is after notice; ordinarily 10-day notice to interested persons, proof filed by hearing; filed petition carries truth statement (§§ 75-1-201(44), 75-1-309, 75-1-401 to -403) |
Estate cash, lump sum/installments; family allowance over all claims except homestead; spouse usually receives for family, with child/caregiver split allowed; 1-year insolvency cap (§§ 75-2-403 to -405) |
Normally charged against will/intestacy/elective-share/nonprobate benefits; contrary governing provision allowed; spouse may waive by signed writing, subject to enforceability rules (§§ 75-2-202, -213, -402 to -404) |
| Vermont verified 2026-08-03 | 14 V.S.A. §§ 316 to 318; discretionary court-set spouse/family maintenance plus separate child-support allowances before and after debt payment |
§ 316: surviving spouse and minor children, or either, constituting decedent's family. §§ 317-318: any decedent's children for necessary support until age 18 |
No dollar cap; reasonable necessary expenses. § 316: death to settlement/share assignment, insolvent estate ≤8 months after administration. §§ 317-318: child support until 18; no bundled fixed property award |
Sections 316-318 state no decedent-domicile or separate need threshold beyond necessary support; § 316 uses personal estate or income of real/personal estate, and child orders may retain estate assets |
Not automatic; Probate Division may make the awards and may order executor/administrator to retain child-support assets. Sections 316-318 state no mandatory petition label |
No fixed filing deadline stated; § 316 ends at settlement or share assignment and, if insolvent, after 8 months from administration; §§ 317-318 end at age 18 |
Sections 316-318 state no special verification, notarization, service list, attachments, hearing notice, or proof standard; court determines reasonable necessary expenses, and will-provided child support bars §§ 317-318 retention |
§ 316 may outrank estate debts in court's discretion. § 317 allowance precedes creditor/heir/will-beneficiary distribution; § 318 applies after debts but before partition. Estate property/income funds support |
Intestate and elective-share calculations occur after allowances. Spouse may waive homestead or other allowance before/during marriage by signed writing, subject to voluntariness, disclosure, counsel-access, and unconscionability safeguards (§§ 311, 319, 323) |
| Virginia verified 2026-08-03 | Va. Code § 64.2-309; reasonable temporary money allowance during administration, bundled with exempt-property and homestead rights |
Surviving spouse; minor children whom decedent was obligated to support; payment may go to spouse or child custodian (§ 64.2-309) |
PR: up to $30,000 lump sum or $2,500/month for one year; court may vary; one-year limit if estate inadequate; bundled $25,000 exempt property and $25,000 homestead (§§ 64.2-309 to -312) |
Decedent domiciled in Virginia; money/property from estate; child must be minor and support-obligated for family allowance (§§ 64.2-309 to -311) |
Statutory entitlement requires election; PR may determine/pay; aggrieved PR or interested person may petition court for relief (§§ 64.2-312, -313) |
Elect within one year after later of will admission or administrator qualification; recipient death ends unpaid family allowance (§§ 64.2-309, -313) |
Elect in person before probate court or by acknowledged/proved recorded writing; relief petition may be ex parte, with notice/party convening discretionary (§§ 64.2-312, -313) |
Family allowance first over all estate claims; PR may pay lump sum/installments; inadequate estate limits duration to one year (§§ 64.2-309, -312) |
Family allowance additional to will/intestacy/elective share; spouse may waive only through compliant marital/premarital agreement (§§ 64.2-309, -314; §§ 20-149, -151, -155) |
| Washington verified 2026-08-03 | RCW ch. 11.54; court-ordered basic exempt-property award plus needs-based increase for support during probate/nonprobate proceedings |
Surviving spouse; surviving registered domestic partner; dependent child of any age who received over half of support from decedent in prior 12 months, excluding public support (§§ 11.54.005, .010) |
Basic award is greater of eligible exempt-property value or nondecreasing annual floor based on $125,000 × Seattle CPI; court may increase for support or decrease for death benefits/child impact (§§ 11.54.020, .040, .050) |
Probate and nonprobate assets; decedent's separate and couple's community property; nonresident venue allowed, but shortfall property designation requires WA residence/domicile (§§ 11.54.001, .008, .010, .090) |
Not automatic; eligible claimant petitions under ch. 11.96A and proves entitlement by preponderance; court grants an equitable award (§ 11.54.010) |
File before earliest applicable: 18 months after death if PR appointed or notice-agent declaration filed within 12 months; end of all Title 11 proceedings; or six years after death; increased support lasts during proceedings (§§ 11.54.015, .040) |
Petition must prove status and disclose all claimants' exempt/other assets; 20-day hearing notice to parties, with service proof by affidavit/declaration (§§ 11.54.010, .090; 11.96A.110) |
Property award from separate/community assets; administration, funeral, last-sickness, and 60-day wage expenses first; valid liens preserved; award abates estate gifts (§§ 11.54.015, .060, .071) |
Court may reduce basic award for probate/nonprobate property received at death; estate gifts abate for award; chapter states no elective-share coordination or allowance-waiver rule (§§ 11.54.050, .071) |
| West Virginia verified 2026-08-03 | No general temporary family allowance in the complete current decedent-succession and estate-administration titles (W. Va. Code chs. 42 and 44); separate debtor exemptions exist in §§ 38-8-10 and 38-9-1 |
No family-allowance claimant. Separate personal-property exemption: surviving spouse or minor children. Separate homestead benefit: qualifying resident household head or infant children of deceased/insane parent (§§ 38-8-10, 38-9-1) |
No family amount or duration. Separate rights: up to $1,000 of decedent's personal estate and a $5,000 homestead exemption; minor children hold inherited homestead benefit until all reach 21 or die (§§ 38-8-10, 38-9-1, -5) |
No family allowance. Separate exemptions require a resident decedent/household and cover selected personal estate or an owned principal-home homestead; they are creditor protections, not support awards (§§ 38-8-10, 38-9-1 to -2) |
No family petition/right. Personal property is selected by spouse/minor children and may be appraised at PR/creditor request; qualifying homestead exemption arises by operation of law (§§ 38-8-10, 38-9-1) |
No family-allowance filing or termination rule. Separate homestead benefit for minor children lasts until all reach age 21 unless they die sooner; § 38-8-10 states no special selection deadline |
No family-allowance notice, hearing, or proof procedure. Separate personal-property selection may be appraised under Article 38-8; creditors may litigate homestead value above $5,000 (§§ 38-8-10, 38-9-4) |
No family payment/priority. Ordinary insolvent-estate order starts with administration and funeral costs and contains no allowance class. Separate exemptions protect property subject to statutory exceptions (§§ 44-2-21, 38-8-10 to -11, 38-9-3) |
No family inheritance/waiver rule. Elective share is separate under § 42-3-1. Homestead waiver is generally void except with the limited consensual-security-interest condition (§ 38-9-6) |
| Wisconsin verified 2026-08-03 | Wis. Stat. §§ 861.31-.41; court-set administration allowance, special support/education allowance, personalty selection, and insolvency exemption |
Surviving spouse or domestic partner; decedent's minor children; guardian may receive child allowance; representative or agent may apply (§§ 861.31, 861.35, 861.43) |
§ 861.31 amount court-set, initial ≤1 year with 1-year extensions; § 861.35 uncapped support/education to age ≤18; selected personalty plus up to $10,000 insolvency exemption (§§ 861.33, 861.41) |
No domicile clause in allowance sections; court weighs probate estate, resources, and living standard; special allowance barred by ample provision or ample means (§§ 861.31, 861.35) |
Court order required for both support allowances; spouse/partner files written personalty selection; § 861.41 exemption requires petition (§§ 861.31, 861.33, 861.35, 861.41) |
No calendar filing deadline stated; § 861.31 initial order ≤1 year, renewable and revisable/terminable; § 861.35 child support ends by 18 and trust property returns when no longer needed |
§ 861.31 order may be without notice or on court-directed notice; statutory need/resource factors; written selection; creditor may petition to limit personalty (§§ 861.31, 861.33, 861.35) |
§§ 861.31, .33, .35 are class (c), behind administration and funeral but ahead of other claims; § 861.41 assignment is class (g); no same-class preference (§ 859.25) |
Spouse/partner support portion may satisfy premarital-will or deferred-marital-property rights; child portion excluded; personalty is additional; no general allowance-waiver text (§§ 861.31, 861.33, 861.35) |
| Wyoming verified 2026-08-03 | Wyo. Stat. §§ 2-7-501 to -509; temporary possession and court-set support bundled with homestead and execution-exempt property |
Surviving spouse and minor children for possession/support under §§ 2-7-501 and 2-5-103; § 2-7-502 uses 'widow and children, or either.' Exempt property goes to spouse, otherwise minors, with mixed-family split (§ 2-7-504) |
No support dollar cap; reasonable initial provision plus necessary extra maintenance during settlement. Possession ends after letters and inventory. Homestead $30,000; all execution-exempt property or substitute value (§§ 2-7-501 to -504, -508) |
Family-support sections state no domicile or dependency test; paid from estate according to family circumstances. Absolute exempt-property set-aside applies when a Wyoming resident dies (§§ 2-7-501 to -504) |
Possession is statutory; court allows support and must add maintenance if set-aside is insufficient. Court sets over exempt property; interested person petitions after publication/appraisement (§§ 2-7-501 to -505) |
No fixed support-request deadline; possession lasts until letters granted and inventory returned, extra maintenance during settlement. Exempt-property petition: any time during administration after first publication and appraisement (§§ 2-7-501 to -505) |
Family-support sections state no special form or notice. Exempt-property petition states necessary facts; show-cause order published once and mailed to each heir/beneficiary ≥10 days before evidence hearing (§ 2-7-505) |
Allowance may relate back to death; Class 4 behind court costs, other administration costs, and funeral/burial expenses; same-class shortfall pro rata; recorded liens preserved (§§ 2-7-503, -701 to -702) |
Family allowance generally survives elective-share choice/will renunciation, subject to clear will-in-lieu exception. Spouse may waive before/after marriage by signed writing after fair disclosure; exempt-property renunciation rule stated separately (§§ 2-5-102 to -103, 2-7-504) |
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