What Is a Family Allowance in Florida Probate?

The allowance is available to the surviving spouse and to the decedent's lineal heirs whom the decedent was supporting or was obligated to support. The statute defines lineal heirs as lineal ascendants and lineal descendants, so a supported parent may qualify along with a child.

The amount must be reasonable and may not exceed a total of $18,000. The court may order it paid as a lump sum or in periodic installments. It is in addition to protected homestead and other statutory entitlements, such as exempt property for a surviving spouse.

A living surviving spouse receives the allowance for the use of the spouse and dependent lineal heirs. If there is no surviving spouse, it is paid to the lineal heirs or to the persons caring for them. When a dependent heir does not live with the spouse, the allowance may be divided between them as their needs appear.

The allowance is not charged against any share otherwise passing to the spouse or dependent heirs, unless the will provides otherwise. If a person entitled to it dies, the right to any unpaid part ends.

Priority matters in a small estate. Section 733.707(1) places the family allowance in Class 5, after administration costs, funeral expenses up to $6,000, debts and taxes with preference under federal law and certain state claims, and medical expenses of the last 60 days of the final illness. The statute ties the allowance to maintenance during administration, and the length of probate is discussed separately.