What it means
Probate takes months, and the family still has to live. §732.403 lets the court pay a family allowance out of the estate to the surviving spouse and the lineal heirs the decedent was supporting — for their maintenance while the estate is administered. The total can't exceed $18,000, paid either as a lump sum or in installments.
It's a floor, not a charge against anyone's inheritance: the allowance is not deducted from the spouse's or dependents' other shares unless the will says so. If a recipient dies before collecting it all, the unpaid balance stops.
- Paid to the surviving spouse and the lineal heirs the decedent was supporting (or obligated to support).
- Capped at $18,000 total, for maintenance during administration.
- The court may order it paid as a lump sum or in periodic installments.
- Not chargeable against the recipient's other benefits or shares — unless the will provides otherwise.
- A recipient's death cuts off the right to any unpaid portion.
How it plays out
The family allowance and the exempt-property set-aside are the two levers we reach for when a surviving spouse needs cash before the estate closes. Eighteen thousand dollars won't carry a household forever, but ordered as installments it can bridge the gap until accounts are marshaled. Because it isn't charged against the spouse's inheritance, it's rarely controversial — the fights we see are over timing and proof of dependency, not the concept.
Where this shows up
Pages on this site where § 732.403 does real work:
Questions people ask
