75-2-404 - Family allowance.
75-2-404. Family allowance.
(1) In addition to the right to homestead allowance and exempt property, the decedent'ssurviving spouse and minor children whom the decedent was obligated to support and childrenwho were in fact being supported by the decedent are entitled to a reasonable allowance in moneyout of the estate for their maintenance during the period of administration, which allowance maynot continue for longer than one year if the estate is inadequate to discharge allowed claims. Theallowance may be paid as a lump sum or in periodic installments. It is payable to the survivingspouse, if living, for the use of the surviving spouse and minor and dependent children; otherwiseto the children, or persons having their care and custody. If a minor child or dependent child isnot living with the surviving spouse, the allowance may be made partially to the child or hisguardian or other person having the child's care and custody, and partially to the spouse, as theirneeds may appear. The family allowance is exempt from and has priority over all claims exceptthe homestead allowance.
(2) Unless otherwise provided by the will or governing instrument, the family allowance ischargeable against any benefit or share passing to the surviving spouse or minor children, by thewill of the decedent, by intestate succession, by way of elective share, and by way of nonprobatetransfers as defined in Sections 75-2-205 and 75-2-206. The death of any person entitled tofamily allowance terminates the right to allowances not yet paid.
Repealed and Re-enacted by Chapter 39, 1998 General Session