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By: Scott Grossman on June 7th, 2017

What Is the Family Allowance in a CA Probate Administration?

family allowanceA family allowance is a court-authorized payment to certain loved ones of a deceased person who were dependent on that person for support prior their death. The allowance can be paid during the probate administration process, and it can be paid from any source. Furthermore,this can be crucial to the surviving loved ones who were formerly dependent on the decedent to live. Therefore, if you are in need of a family allowance, contact a San Diego probate lawyer today for guidance.



 Helpful facts about the Family Allowance Benefit:

  • A surviving spouse, surviving minor children, or surviving adult disabled children may be eligible for a family allowance.
  • Known creditors of the estate must typically be given notice and a copy of the petition.
  •  A set time period of 12 months or less is the usually time frame for a family allowance.
  • Any petition seeking more than $1,000 per month must include an itemized estimate of all of the anticipated monthly expenses. Additionally, it must include the estimated gross and net estate and an estimate of the dollar amount of unpaid claims.
  • Any petition including expenses for real or personal property; must explain how title to the property is vested.
  • If the petition does not involve an incapacitated person. The petition must list income from all sources outside of the estate.  Also,an itemized description of the person’s property is needed.
  • If the estate is being administered under the Independent Administration of Estates Act. The personal representative may pay a reasonable family allowance in accordance with the probate code.

Finding the right attorney to help you obtain a family allowance can be overwhelming. View our article, Finding the Right California Probate or Trust Administration Attorney, for helpful information. Our free guide Probate a Will or Administer a Trust After the Loss of a Loved One. Provides further information about administering an estate in California. Contact an experienced San Diego probate attorney today. Call the Grossman Law Firm at (888) 443-6590.