What the rule says
Florida provides a family allowance to the surviving spouse and dependent children of a decedent. Under Florida Statutes § 732.403, the allowance is paid from the estate during administration to provide immediate support before the estate is fully administered and distributed.
Key features:
- Maximum amount: $18,000. The court can order an allowance up to this amount, which can be paid in a lump sum or in installments. - Available to the surviving spouse and lineal heirs the decedent was supporting. Adult children who were financially dependent on the decedent at the time of death may also qualify. - Paid before most other claims. The family allowance has priority over many other estate obligations, ensuring the surviving family receives support promptly. - In addition to other rights. The allowance does not reduce the elective share, exempt property, intestate share, or other rights of the surviving spouse and dependents. - Court discretion. The court determines the amount within the statutory cap, considering the family's needs and the estate's resources.
The allowance addresses a common practical problem: surviving spouses and dependents need money to live during the months (or years) of estate administration. Without an allowance, families could face hardship even when the estate ultimately provides for them generously.
When the allowance applies
The family allowance is available in any Florida formal administration. It is not available in:
- Disposition without administration under Florida Statutes § 735.301 (since no formal administration is opened) - Summary administration under Fla. Stat. § 735.201 (the allowance is generally not available in summary administration, though some courts have flexibility)
For families needing the allowance, formal administration must be initiated even if the estate would otherwise qualify for summary administration. The allowance is one factor that can drive the choice between summary and formal administration.
How the allowance is requested and paid
The surviving spouse or other eligible recipient files a petition with the probate court requesting the allowance. The petition typically includes:
- The petitioner's relationship to the decedent - The petitioner's current financial circumstances - The amount and form of allowance requested - Other relevant circumstances
The court reviews the petition and orders the allowance, considering:
- The needs of the surviving family - The size and liquidity of the estate - Other obligations of the estate - Whether the estate is solvent
The personal representative pays the allowance from estate funds. If the family allowance is paid in installments, the payments continue until the cap is reached or the administration is completed.
How the allowance fits with other Florida spousal protections
Florida provides several distinct protections for surviving spouses that operate together:
- Elective share under Fla. Stat. § 732.201 — 30% of the elective estate - Exempt property under Fla. Stat. § 732.402 — household furniture, two motor vehicles, certain education accounts, etc. - Family allowance under Fla. Stat. § 732.403 — up to $18,000 for support during administration - Constitutional homestead under Fla. Const. Art. X § 4 — life estate or one-half tenancy interest in homestead - Intestate share under Fla. Stat. § 732.102 — applies if there is no will - Pretermitted spouse under Fla. Stat. § 732.301 — applies if the will pre-dates the marriage
A surviving spouse may receive multiple of these protections simultaneously. The family allowance is among the most immediate, providing support during administration rather than after.
What this means in practice
The family allowance serves a real cash-flow function for surviving families. Common scenarios:
- Surviving spouse with limited liquid assets. The deceased spouse may have controlled most of the family's liquid wealth, leaving the survivor with bills to pay during administration. The allowance provides funds without forcing the survivor to wait for distribution. - Dependent children's needs. Tuition, medical care, and ongoing expenses for children often cannot wait for estate administration to conclude. - Surviving spouse caring for dependent adult child. The allowance can support continued care expenses for an adult child with disabilities or other needs. - Estate with frozen accounts during administration. Bank accounts and investment accounts in the deceased's name are typically frozen until the personal representative obtains letters and provides notice. The allowance bridges this gap.
The $18,000 cap is modest in comparison to many Florida estates' overall value but is meaningful for ongoing living expenses during a 6-12 month administration.
What you can do about it
For surviving Florida spouses or dependents:
1. File the petition for family allowance early. The allowance can be ordered shortly after the personal representative is appointed. 2. Document needs. A clear statement of monthly expenses and current resources helps the court determine an appropriate amount. 3. Coordinate with other claims. The allowance is in addition to other rights; ensure all are claimed. 4. Consider lump sum vs. installments. Lump sums provide immediate help; installments smooth ongoing support.
For estate planners advising Florida clients:
- Address liquidity in estate planning. Wealthy estates often have illiquid assets (real estate, business interests, retirement plans with delayed access). Planning for liquidity through life insurance, joint accounts, or deliberate funding of liquid assets supports the surviving family. - Consider whether the family allowance affects choice of administration type. If the surviving family needs the allowance, formal administration may be preferable over summary administration.
Who this affects most
The family allowance is most consequential for:
- Surviving Florida spouses who need immediate financial support during administration - Dependent children of Florida decedents whose ongoing expenses cannot wait - Estates with significant illiquid assets that take time to administer - Households where the deceased was the primary financial manager and the surviving spouse needs cash to operate during the administration period - Estate planners considering the choice between summary and formal administration
The family allowance is one of Florida's most practically useful spousal protections. The amount is modest by estate-size standards but meaningful for ongoing living expenses, and the priority status makes it reliable even in complex administrations.