Massachusetts: Probate Family Allowance Requirements

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).