75-2-404. Family allowance.
(1) In addition to the right to homestead allowance and exempt property, the decedent's
surviving spouse and minor children whom the decedent was obligated to support and children
who were in fact being supported by the decedent are entitled to a reasonable allowance in money
out of the estate for their maintenance during the period of administration, which allowance may
not continue for longer than one year if the estate is inadequate to discharge allowed claims. The
allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving
spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise
to the children, or persons having their care and custody. If a minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or his
guardian or other person having the child's care and custody, and partially to the spouse, as their
needs may appear. The family allowance is exempt from and has priority over all claims except
the homestead allowance.
(2) Unless otherwise provided by the will or governing instrument, the family allowance is
chargeable against any benefit or share passing to the surviving spouse or minor children, by the
will of the decedent, by intestate succession, by way of elective share, and by way of nonprobate
transfers as defined in Sections 75-2-205 and 75-2-206. The death of any person entitled to
family allowance terminates the right to allowances not yet paid.
Repealed and Re-enacted by Chapter 39, 1998 General Session
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Last revised: Thursday, May 28, 2009