Probate Family Allowance Requirements in Massachusetts

At a glance

Requirements one by one

Massachusetts domicile and the supported-child class

Under § 2-401, Part 4 applies when the decedent died domiciled in Massachusetts. For a nonresident decedent, the law of the decedent's domicile governs the exempt-property and discretionary-family-allowance rights.

Under § 2-404, the allowance covers the surviving spouse, minor children whom the decedent was obligated to support, and children whom the decedent was actually supporting. Chapter 190B's § 1-201 definition of “child” excludes a person who is only a stepchild, foster child, grandchild, or more remote descendant. Payment normally goes to the spouse for the spouse and qualifying children. If a child does not live with the spouse, the amount may be split between the spouse and the child, guardian, or caregiver according to need.

The $18,000 administrative ceiling and court relief

The discretionary family allowance is a reasonable maintenance amount during administration. Under § 2-405, the personal representative may determine and pay up to $18,000 as a lump sum or $1,500 per month for one year. Twelve maximum monthly installments equal the same $18,000 administrative ceiling.

That figure is not an absolute court cap. A personal representative or interested person aggrieved by a covered action or failure to act may petition for appropriate relief, including an allowance different from what the representative determined or could have determined. Section 1-201 defines a petition as a written request for an order after notice. Part 4 prescribes no special verification, attachment list, or mandatory hearing format.

The one-year duration is conditional but binding when triggered. If the estate is inadequate to discharge allowed claims, § 2-404 says the allowance may not continue beyond one year. In a sufficient estate, the statute instead uses the administration period.

Exempt property, occupancy, and the reserved homestead section

Massachusetts pairs the cash allowance with up to $10,000 in net value of household furniture, automobiles, furnishings, appliances, and personal effects. If there is no spouse, the decedent's children share that right jointly, including adult children who qualify as children under Chapter 190B. Other estate assets may fill a shortage in the listed property.

The surviving spouse may also remain in the decedent's house rent-free for up to six months after death. These are not a UPC homestead allowance: the current Article II index marks § 2-402 reserved.

Unsecured-claim priority, inheritance effect, and death

The family allowance is exempt from and has priority over all unsecured claims. The exempt-property right has the same unsecured-claim priority, but assets used to make up an exempt-property deficiency abate as necessary to permit earlier payment of the family allowance.

The family allowance is not charged against a will benefit, intestate share, or elective share unless the will provides otherwise. The exempt-property right is also additional unless the will provides otherwise. Section 2-404 ends a recipient's right to any family allowance not yet paid when that recipient dies.

The enacted Part 4 provisions state no express family-allowance waiver method, and Chapter 190B Part 2 remains reserved. That is a statutory silence, not a conclusion about every possible agreement or nonstatutory defense.

What trips people up

• $18,000 is the personal representative's ceiling, not an absolute court cap. The aggrieved-party petition can seek a different reasonable amount.
• One year is conditional but cannot be extended in an inadequate estate. Court relief does not erase § 2-404's insolvency ceiling.
• Priority is stated against unsecured claims. The statute does not say the allowance defeats a valid secured interest.
• Massachusetts has no § 2-402 homestead allowance. The $10,000 property right and six-month rent-free occupancy are the separate protections.
• Death stops unpaid support. Remaining installments do not continue as a discretionary-family-allowance right after the entitled person dies.

Common questions

Can an adult child receive the $10,000 exempt-property right?

Yes. If no spouse survives, § 2-403 gives the decedent's children the right jointly without limiting it to minors. The family allowance has a different support-based eligibility rule.

Does the spouse have to pay rent while the estate is pending?

Not for the first six months after death while remaining in the decedent's house. Section 2-403(b) creates that occupancy protection separately from the cash family allowance.

Can the will make the allowance count against the spouse's or child's share?

Potentially. Section 2-404 makes the allowance additional by default but allows the will to provide otherwise.

Statutes and sources

• G.L. c. 190B, § 1-201 — child, claim, estate, and petition definitions. A petition is a written request for a court order after notice. Official state judiciary reproduction (accessed 2026-08-03).
• G.L. c. 190B, §§ 2-401 and 2-403 — domicile, $10,000 exempt property, child eligibility for that property, unsecured-claim priority, inheritance effect, and six-month rent-free occupancy. Official applicable-law reproduction and official exempt-property reproduction (accessed 2026-08-03).
• G.L. c. 190B, §§ 2-404 and 2-405 — family-allowance eligibility, amount, duration, payment, priority, share effect, death, personal-representative authority, and court relief. Official family-allowance reproduction and official procedure reproduction (accessed 2026-08-03).
• M.G.L. c. 190B Article II index — identifies reserved provisions, including § 2-402 and Part 2. Official state judiciary index (accessed 2026-08-03).