What Is a Family Allowance Under Florida Probate Law?

By Jim Thomas

A family allowance under Florida probate law is an amount of money granted to a deceased person's surviving spouse and children during the probate administration process. The purpose of a family allowance is to provide money for the spouse and children to live on until the estate is settled, a matter than can take months and sometimes even years.

Probate Laws

The Florida Bar Association describes probate as a "court-supervised process for identifying and gathering the assets of a deceased person, paying the decedent's debts, and distributing the decedent's assets to his or her beneficiaries." The person's assets, commonly called his estate, are normally used to pay the cost of probate, outstanding tax bills and any outstanding debts left by the deceased person at the time of death. The remaining assets of the estate are then distributed to the beneficiaries of the estate.

Family Allowance

If a husband was living in Florida when he died, the surviving spouse and any minor children he was supporting or obligated to support are entitled to a "reasonable" allowance paid from the assets of his estate. Family allowances cannot exceed $18,000 and may be paid in a lump sum or in installments.

Protect your loved ones. Start My Estate Plan

Elective Share

In addition to a family allowance, Florida law entitles a surviving spouse to 30 percent of a decedent's estate. For example, if the will leaves 10 percent of the estate to the surviving spouse and 90 percent to the Humane Society, the spouse is nonetheless entitled to 30 percent. The family allowance and the elective share laws shelter a surviving spouse and minor children from financial deprivation during and after the probate process. However, a premarital or post-marital agreement carries more weight than an elective share and can void a surviving spouse's right to claim it.

Considerations

A family allowance isn't "chargeable" against the share of a decedent's estate the surviving spouse and children are entitled to inherit, unless the will states otherwise. Thus, the surviving spouse and children are free to collect both a family allowance and the full value of the estate left to them. If both the husband and wife are deceased, the surviving children are entitled to ask for a family allowance to be paid to them or their guardians.

Protect your loved ones. Start My Estate Plan
Florida Probate Court Laws of the Deceased
 

References

Related articles

What Is the Meaning of Settle Estate?

A Last Will and Testament contains instructions for the distribution of a person's assets, also referred to as the estate, when he dies. The will names a specific person, known as the executor, to act as the estate's representative. The executor, sometimes referred to as the administrator, must collect the decedent's assets, pay his debts and estate taxes, and distribute his remaining assets to the heirs named in the will. This process, called settling the estate, occurs under the supervision of the state probate court.

Probate Laws on the Next of Kin

When someone dies without a will, state laws -- the so-called "laws of intestate succession" -- determine who inherits the estate. If the deceased left a surviving spouse or children, these people are considered "next of kin" and generally inherit the entire estate. Although state laws vary, there is a common descent and distribution scheme that applies to determine who is next of kin -- that is, next in line to inherit -- if there is no surviving spouse or children.

Who Gets Paid First Out of a Deceased's Estate?

Probate is the process of settling a decedent's estate under court supervision. State law may establish an informal probate process for small estates. The executor named in a person's will -- who may be called a personal representative in some states, or an administrator if court-appointed -- must gather and preserve the estate assets and then pay the decedent's debts and taxes before distributing any remaining assets of the estate to the beneficiaries, once the creditors are paid.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

What Are Sanctions in a Divorce Case?

Sanctions during a divorce proceeding are penalties for bad behavior by a spouse or his attorney during a divorce. ...

What Are the Duties of an Executor of a Will in Florida?

The executor, or personal representative, of a will is responsible to administer the will on behalf of the decedent ...

Wills & Probate in North Carolina

If a will is valid and there are no objections to it, and if the estate owes no taxes to either North Carolina or the ...

What Monetary Percentage Does an Executor of a Will Get in California?

California law allows an executor of an estate to receive compensation for his work on the estate. Specifically, the ...

Browse by category
Ready to Begin? GET STARTED