1.32.450 Family Allowance

(a) In addition to the right to exempt property, the 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 his or her 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 his or her care and custody; but in case of any minor child or dependent child that is not living with the surviving spouse, the allowance may be made partially to the child or his or her guardian or other person having his or her care and custody, and partially to the spouse, as his or her needs may appear. The family allowance is exempt from and has priority over all claims.

(b) The family allowance is not chargeable against any benefit or share conveying to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share. The passing of any person entitled to family allowance terminates his or her right to allowances not yet paid.