Probate Family Allowance Requirements in Alabama

At a glance

Requirements one by one

Alabama domicile and the supported-child classes

Ala. Code § 43-8-112 applies when the decedent was domiciled in Alabama. It covers the surviving spouse, minor children whom the decedent was obligated to support, and children whom the decedent was actually supporting. Payment ordinarily goes to the living spouse for the family. If a child does not live with the spouse, the allowance may be divided between the spouse and the child, guardian, or caregiver according to need. If no spouse is living, it goes to the children or their caregivers.

Current ceiling, payment form, and court relief

The allowance is a reasonable amount of money for maintenance during administration. Ala. Code § 43-8-113 gives the personal representative a base ceiling of $15,000 as a lump sum or $500 per month, but § 43-8-116 adjusts every dollar amount in the article on a three-year CPI cycle and rounds to the nearest $25.

For claims made now, the Treasurer's operative family-allowance amount is $18,800. Applying the same published adjustment and statutory rounding rule to the $500 monthly base yields $625 per month. These figures limit the personal representative's determination; they do not limit the court. An aggrieved personal representative or interested person may petition for a larger or smaller family allowance.

The one-year duration rule is conditional. The allowance cannot continue beyond one year when the estate is inadequate to discharge allowed claims. In a sufficient estate, the statute uses the administration period rather than the same fixed cutoff.

Published 2027 increase

The Treasurer has already published the July 1, 2026 adjustment, but § 43-8-116 makes it operative only for claims on or after April 1, 2027. On that date, the personal representative's family-allowance ceiling becomes $20,475; the same statutory calculation makes the monthly ceiling $675. The companion homestead amount becomes $20,475 and exempt property becomes $10,225.

Until then, the current companion amounts are $18,800 for homestead and $9,400 for exempt property. Homestead goes to the spouse or, if there is no spouse, is divided among the minor and dependent children. Exempt property covers household furniture, automobiles, furnishings, appliances, and personal effects, with other estate assets available to make up a shortage.

Priority, death, inheritance effect, and waiver

The family allowance may be paid as a lump sum or installments. It is exempt from and has priority over all claims, but the homestead allowance comes first. Exempt-property deficiency assets yield as necessary for both the homestead and family allowances.

The allowance is not charged against a will benefit, intestate share, or elective share unless the will provides otherwise. A recipient's death ends the right to allowance amounts not yet paid.

A surviving spouse may waive the family allowance wholly or partly before or after marriage. Ala. Code § 43-8-72 requires a written contract, agreement, or waiver signed after fair disclosure. Unless the document says otherwise, “all rights” language or a complete separation/divorce property settlement also waives the family, homestead, exempt-property, and elective-share rights named in the section.

What trips people up

• $15,000 is only the statutory base. The operative personal-representative ceiling is $18,800 for claims made now.
• The monthly base is adjusted too. Section 43-8-116 applies to every dollar amount in the article, producing a current $625 monthly ceiling.
• The published 2026 figures are not effective yet. The $20,475 family amount and $675 monthly calculation begin with claims on April 1, 2027.
• The court is not confined to the administrative ceiling. It may order a larger or smaller allowance after a proper petition.
• One year is conditional. It is the maximum when the estate is inadequate, not a universal duration for every estate.

Common questions

Must the family obtain a court order before receiving the allowance?

Not necessarily. The personal representative may determine and disburse the allowance within the adjusted ceiling. Court relief is available when the personal representative or an interested person is aggrieved by a determination, payment, proposed payment, or failure to act.

Can a supported adult child qualify?

Potentially. Section 43-8-112 includes children whom the decedent was actually supporting and does not limit that class to minors.

Does the allowance continue after a recipient dies?

No. The recipient's death terminates the right to allowance amounts not yet paid.

Statutes and sources

• Ala. Code §§ 43-8-110 to 43-8-113 — homestead, exempt property, family allowance, claimants, duration, payment, priority, personal-representative ceiling, and court relief. Official ALISON code endpoint (accessed 2026-08-03).
• Ala. Code § 43-8-116 — triennial CPI adjustment, nearest-$25 rounding, and April 1 application date. Official ALISON code endpoint (accessed 2026-08-17).
• Alabama State Treasurer, Consumer Price Index Law — current $18,800, $18,800, and $9,400 family/homestead/exempt amounts, and the published 2026 $20,475, $20,475, and $10,225 adjustments. Official Treasurer table (accessed 2026-08-17).
• Ala. Code § 43-8-72 — spouse waiver by signed writing after fair disclosure. Official ALISON code endpoint (accessed 2026-08-03).