Michigan Family Allowance During Probate

A Michigan personal representative can approve a family allowance of up to $36,000 for a 2026 death without going to the judge. MCL 700.2405 lets the representative set it as a lump sum at that cap, or as monthly installments of up to 1/12 of it, which is $3,000 a month for a year. Anything larger needs a court order.

The family allowance gives a surviving spouse and qualifying minor or dependent children support during estate administration. It is separate from inheritance shares, exempt property, and most creditor claims.

This matters when the estate has bills. A personal representative should check family allowance before paying lower-priority claims or distributing property to beneficiaries.

Who May Receive a Family Allowance

MCL 700.2403 provides a reasonable family allowance for the surviving spouse and minor or dependent children during estate administration. The statute sets no fixed entitlement, which is why the MCL 700.2405 cap matters: it is the line between what the personal representative can approve alone and what needs the court. The $18,000 lump-sum figure printed in MCL 700.2405 is a base that MCL 700.1210 adjusts each year, and the 2026 figure is $36,000, double the printed one.

If the surviving spouse is living, the allowance is payable to the spouse for the use of the spouse and the minor or dependent children.

If there is no surviving spouse, the allowance may be payable to children or to the people who have their care and custody.

How Long the Allowance Can Last

The allowance supports the family during administration. If the estate is not adequate to pay allowed claims, MCL 700.2403 says the family allowance may not continue for longer than 1 year.

That limit does not make every allowance automatic for a full year. The amount must be reasonable, and the probate court or personal representative may need to review the facts.

Priority Over Claims

The family allowance has priority over many claims, but not all of them. Under MCL 700.2403 and MCL 700.3805, administration costs, reasonable funeral and burial expenses, and the homestead allowance come before it.

After that, the family allowance can come ahead of later claim classes and general unsecured creditors. This is why the Michigan debt payment priority guide should be reviewed before payments go out.

Relation to Homestead and Exempt Property

The family allowance is one part of a group of Michigan family protections. The homestead allowance under MCL 700.2402 and exempt property under MCL 700.2404 may also apply.

These rights can be cumulative unless Michigan law, a governing document, waiver, or court order changes the analysis. Use the Michigan exempt property guide and Michigan surviving spouse rights guide with this page.

Practical Filing Notes

County practice can affect how an allowance is requested, documented, or approved. Keep evidence of family status, dependency, estate cash, monthly support needs, claims, and court orders.

If the estate has limited funds, do not rely on informal family agreement. The personal representative may need court direction before choosing between support, funeral bills, taxes, medical bills, and other claims.

This guide is general information about Michigan law. It is not legal advice. Verify current requirements with the county probate court or qualified Michigan counsel before acting.

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Related Guides

• Michigan Probate Deadlines and Creditor Claims
• The Michigan Probate Guide

Sources

• Title: MCL 700.2405, Selection, determination, and documentation. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2405
• Title: 2026 Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts, Table A. Publisher: Michigan Department of Treasury. Publication Date: January 30, 2026. URL: https://www.michigan.gov/treasury/reference/reports/reports-archive/archived-economic-reports/estates
• Title: MCL 700.2403, Family allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2403
• Title: MCL 700.2402, Homestead allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2402
• Title: MCL 700.2404, Exempt property. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2404
• Title: MCL 700.3805, Payment order when assets are insufficient. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3805

This guide provides general Michigan family-allowance information. Ask the county probate court or a Michigan probate attorney before requesting, paying, or contesting an allowance.