The Florida Senate

732.403  Family allowance.--In addition to homestead and exempt property, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent's lineal heirs whom the decedent was obligated to support or who were in fact being supported by him or her are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. After notice and hearing, the court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $6,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or his or her guardian or other person having the lineal heir's care and custody and partly to the surviving spouse, as the needs of the dependent lineal heir and the surviving spouse appear. The family allowance shall have the priority established by s. 733.707. The family allowance is not chargeable against any benefit or share passing to the surviving spouse or to the dependent lineal heirs by intestate succession, elective share, or the will of the decedent, unless the will otherwise provides. The death of any person entitled to a family allowance terminates his or her right to the part of the allowance not paid. For purposes of this section, the term "lineal heir" or "lineal heirs" means lineal ascendants and lineal descendants of the decedent.

History.--s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102.

Note.--Created from former s. 733.20.