Florida Family Allowance: Support for Surviving Spouse and Dependents

The Florida family allowance gives surviving spouses and dependent children financial support during probate. Under Florida Statutes Section 732.403, eligible family members can receive up to $18,000 from the estate for living expenses while probate is pending. The estate pays this allowance no matter what the will says, and it takes priority over most other claims.

This guide covers who qualifies for the Florida family allowance, how much you can claim, and how to get it.

What Is the Florida Family Allowance?

The family allowance is a statutory right that provides cash from the estate during probate. The law recognizes that surviving spouses and dependent children often need money right away. They should not have to wait months for the estate to close.

Main Features

• Maximum amount: Up to $18,000 total
• Who qualifies: Surviving spouse and/or dependent lineal heirs
• Priority: The estate pays this before most creditors and beneficiaries
• Not tied to the will: You can claim it regardless of what the will says
• Duration: Covers the administration period

Who Can Claim the Family Allowance?

Surviving Spouse

The surviving spouse qualifies for the family allowance regardless of:

• Whether the will names the spouse
• The size of the spouse's inheritance
• Whether the spouse has independent income
• How long the marriage lasted

Here is the bottom line: the spouse does not need to prove financial need.

Dependent Lineal Heirs

"Lineal heirs" means direct descendants (children, grandchildren) or direct ancestors (parents) of the decedent. To qualify, you must:

• Be a lineal heir of the decedent
• Have depended on the decedent for support at the time of death

Common situations:

• Minor children
• Adult children with disabilities who the decedent supported
• Elderly parents the decedent was supporting

If Both Spouse and Dependents Exist

When a surviving spouse and dependent heirs both exist:

• They share the $18,000 maximum between them
• The court decides how to split the amount
• The court considers each person's needs

How Much Is the Family Allowance?

Maximum Amount

The family allowance cannot exceed $18,000 total. This cap applies to all eligible family members combined.

Factors the Court Considers

The court looks at:

• The family's previous standard of living
• How long administration will take
• The financial needs of eligible persons
• What estate assets exist

Lump Sum or Periodic Payments

You can receive the allowance:

• As a single lump sum
• In periodic installments during administration
• As needed for specific expenses

Priority of the Family Allowance

The family allowance ranks high in the estate payment order. Under Florida Statutes Section 733.707, the estate pays debts and expenses in this order:

1. Costs and expenses of administration
2. Reasonable funeral expenses
3. Debts and taxes with federal priority
4. Reasonable medical expenses from the last 60 days
5. Family allowance
6. Debts owed to the State of Florida
7. All other claims

What this means: the estate pays the family allowance before most creditors and before distributions to beneficiaries.

Even in Insolvent Estates

If the estate cannot pay all debts:

• The estate still pays the family allowance (up to available assets in its priority class)
• Lower-priority creditors receive payment only after the family allowance
• Creditors may receive less as a result

How to Claim the Family Allowance

Step 1: File a Petition

The surviving spouse or dependent heir (or their representative) files a petition with the probate court asking for the family allowance.

Step 2: Provide Information

The petition should include:

• Your relationship to the decedent
• Why you qualify as a dependent (for dependents only)
• The amount you are requesting (up to $18,000)
• Justification for that amount

Step 3: Court Review

The court reviews the petition and may:

• Grant the full amount you requested
• Grant a reduced amount
• Deny the request if you do not meet the requirements
• Schedule a hearing if someone objects

Step 4: Payment from Estate

Once the court approves your petition, the personal representative pays the family allowance from estate funds.

Family Allowance vs. Other Spousal Rights

Florida gives surviving spouses several protections. The family allowance is just one of them.

These rights add up. A surviving spouse can claim all of them if eligible.

Family Allowance in Different Situations

Small Estates

Even small estates can pay the family allowance if assets exist. Estates under $75,000 using summary administration can still provide the family allowance.

With or Without a Will

The family allowance applies whether or not there is a will:

• With a will (testate): The estate pays the allowance regardless of will provisions
• Without a will (intestate): The estate pays the allowance from available assets

When Spouse Also Serves as Personal Representative

If the surviving spouse serves as personal representative:

• The spouse still qualifies for the family allowance
• The spouse can petition for it like any other eligible person
• The spouse must follow proper procedures (no simply taking funds from the estate)

Waiving the Family Allowance

Prenuptial or Postnuptial Agreements

A surviving spouse can waive the right to family allowance in a valid marital agreement. Requirements include:

• A written agreement
• Full financial disclosure
• Voluntary signing
• Some courts require independent legal advice

Voluntary Waiver During Probate

An eligible person can choose not to claim the family allowance. This might happen if:

• The person has enough independent resources
• The estate is small and the person wants other beneficiaries to receive more
• The person is also a creditor with higher-priority claims

Tax Treatment

The family allowance is generally:

• Not taxable income to the person who receives it
• Not deductible by the estate
• Treated as a specific bequest for tax purposes

Talk to a tax professional about your specific situation.

Frequently Asked Questions

Can the family allowance exceed $18,000?

No. The statutory maximum is $18,000 total, no matter how large the estate or how great the family's needs.

Does the surviving spouse have to prove financial need?

No. The spouse qualifies for the family allowance without showing need. The court may adjust the amount based on the estate's size and other factors, but financial need is not a requirement.

Can adult children receive the family allowance?

Only if they were lineal heirs who depended on the decedent for support at the time of death. Independent adult children do not qualify.

Does the estate pay the family allowance before debts?

The family allowance has priority over most unsecured creditors. The estate pays it after administration expenses, funeral costs, certain government claims, and final medical expenses, but before most other debts.

What if the estate does not have $18,000?

The family allowance is limited to available estate assets. If the estate has less than $18,000 after paying higher-priority claims, the family allowance shrinks to match.

Does claiming the family allowance reduce my inheritance?

No. The family allowance is separate from whatever the surviving spouse or dependent receives as an inheritance. It does not reduce your share under the will or intestate succession.

How quickly can I get the family allowance?

Once the court approves your petition, the personal representative can pay you immediately from estate funds. This can happen early in administration, before the estate closes.

Related Florida Guides

• Florida Surviving Spouse Rights
• Florida Elective Share
• Florida Exempt Property
• Florida Probate Guide
• Florida Homestead Exemption
• Florida Intestate Succession
• Florida Creditor Claims
• Florida Executor Duties

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Last Updated: January 2026. This guide provides general information about the Florida family allowance. Talk with a Florida probate attorney for advice about your situation.