Probate Family Allowance Requirements in Missouri

At a glance

Requirements one by one

Who qualifies, and how the court sets the amount

Section 474.260 gives the support allowance to the surviving spouse, minor children whom the decedent was obligated to support, and children whom the decedent was actually supporting. The last class is not written as a minor-only class. Payment normally goes to the living spouse for the spouse and qualifying children, but the court may split it when a minor or dependent child does not live with the spouse.

The amount is reasonable maintenance during administration, not a fixed sum. The statute sets a one-year maximum and authorizes either a lump sum or installments. In setting the amount, the court may consider the applicant's previous standard of living, the condition of the estate, available income and other assets, and expenses. Section 474.260 states no separate verification, service, attachment, or hearing format and no deadline for asking for the support allowance.

Money, estate property, and death

The court may authorize estate property instead of some or all of the money allowance. A recipient who has a money award may also select estate property up to the award's value. Section 474.260 makes that selection subject to the abatement rules in § 473.620: subject to the will, intestate property abates first, followed by residuary devises, general legacies, and specific devises. Separate steps apply under § 474.290 if real estate is selected.

The right is personal to each entitled recipient. Section 474.260 says that a recipient's death “terminates the right to allowances not yet paid.” It does not say that later majority or remarriage ends an already awarded allowance.

The separate exempt-property application

Section 474.250 gives the spouse, or the unmarried minor children if there is no spouse, specified household property without regard to value. It includes books, one automobile or pickup, family clothing, household electrical appliances, musical and amusement instruments, and household and kitchen furniture, appliances, utensils, and implements.

This property right has a separate clock. Under § 474.270, the spouse or other custodian of the unmarried minor children must apply before the property is distributed or sold. If the executor or administrator sells qualifying property instead, § 474.280 directs the court to order the proceeds paid to the spouse or unmarried minor children before the money is used for claims or distribution.

Priority, inheritance effect, and spouse misconduct

Section 473.397 places family, homestead, and exempt-property allowances in class 3, behind costs and administration expenses. Within the support statute, § 474.260 separately says the allowance is exempt from all claims. Those two rules should be read together rather than restated as first priority.

The support allowance is additional to a will benefit, intestate share, or elective share unless otherwise provided. The cited allowance provisions state no express agreement-waiver method. Section 474.140 separately bars a spouse's inheritance rights, homestead allowance, exempt property, and statutory allowances for its specified abandonment or continuous-adultery conduct unless the spouses voluntarily reconcile and resume cohabitation.

A refusal-of-letters route for a qualifying small estate

Section 473.090 gives the probate court discretion to refuse letters when the estate is no larger than the exempt property and allowance for the spouse or unmarried minor children. The court may receive proof of the estate's value and nature. If qualifying real estate is included, a certified refusal order that describes the realty and names the entitled persons may be recorded in each county where the property lies as evidence of title without appointing an executor or administrator.

What trips people up

• The claimant and payment-recipient rules differ. A child actually supported by the decedent may qualify even though payment is routed through the spouse, guardian, or caregiver.
• The one-year limit is a duration cap, not a filing deadline. Section 474.260 states no separate claim-filing period for the support allowance.
• Exempt property has its own application clock. The request must precede distribution or sale even though the support statute states no filing date.
• Class 3 is not first priority. Costs and administration expenses are in classes 1 and 2.
• Death cuts off only the unpaid right. Amounts already paid are not made repayable by the termination sentence.

Common questions

Is there a dollar cap on Missouri's support allowance?

No fixed cap appears in § 474.260. The court sets a reasonable amount after considering the listed circumstances, and the allowance may last no longer than one year.

Can the family receive property instead of cash?

Yes. Section 474.260 permits estate property in lieu of all or part of the money award, subject to the statutory selection and abatement rules. Listed exempt property under § 474.250 is a separate right.

Does the allowance reduce an inheritance or elective share?

Not by default. Section 474.260 says it is not charged against a will benefit, intestate share, or elective share unless otherwise provided.

Statutes and sources

• Mo. Rev. Stat. §§ 474.250-.280 — exempt-property classes, support- allowance eligibility, amount factors, duration, payment routing, property selection, death, inheritance effect, and the exempt-property application and sale rules. Official § 474.250, § 474.260, § 474.270, and § 474.280 (accessed 2026-08-03).
• Mo. Rev. Stat. §§ 473.397 and 473.620 — class-3 ranking and the abatement order governing selected estate property. Official § 473.397 and § 473.620 (accessed 2026-08-03).
• Mo. Rev. Stat. § 474.140 — spouse-misconduct bar and reconciliation exception. Official text (accessed 2026-08-03).
• Mo. Rev. Stat. § 473.090 — discretionary refusal of letters when the estate does not exceed the spouse-or-minor-children allowances, including the real-property record route. Official text (accessed 2026-08-03).