**Family Allowance** (noun) — A statutory provision in some jurisdictions that permits the surviving spouse and dependent children to receive a reasonable allowance from the deceased's estate for their support and maintenance during estate administration, with priority over general creditors.
A family allowance is money that the deceased's spouse and dependent children can receive from the estate during the administration process to help with immediate living expenses. Estate administration can take months or years, and family members who depended on the deceased's income need support during this time. The family allowance provides this bridge.
The allowance typically covers reasonable living expenses: food, housing, utilities, and other necessities. The exact amount varies depending on the family's needs and the estate's resources. Courts generally approve reasonable requests, recognizing that dependents shouldn't be left in hardship while waiting for the estate to be fully administered and distributed.
Family allowance takes priority over most creditors. Even if the estate doesn't have enough money to pay all debts, the family allowance is usually paid first. This protection ensures that the deceased's dependents aren't left destitute while creditors' claims are resolved. However, secured creditors (like mortgage holders) typically maintain their priority.
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Not all jurisdictions have family allowance provisions. Where they exist, they're usually found in probate or succession laws. The allowance is separate from any inheritance the family members will eventually receive. It's specifically for supporting them during the administration period.
To receive a family allowance, the surviving spouse or guardian of minor children typically must apply to the court handling the estate. They need to show their relationship to the deceased, demonstrate their need for support, and propose a reasonable allowance amount. The executor and any creditors have an opportunity to object if they believe the request is unreasonable.
Family allowance is particularly important when the estate is the family's primary source of income or when liquid assets are tied up during administration. If the family home needs to be sold to divide the estate, or if business interests need to be valued and liquidated, the family allowance ensures dependents can maintain their standard of living during this process.
**Related terms:** [Estate Administration](/dictionary/estate-administration), [Probate](/dictionary/probate), [Dependent](/dictionary/dependent)
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