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Payments or benefits authorized by statute for the support of a surviving spouse and children of a decedent. These allowances are payable from the probate estate and, when that estate is inadequate, from the assets of a revocable trust that became irrevocable at the settlor's death or from certain nonprobate transfers.
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How it applies
Common Examples
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Revocable Trust Reaches for Allowances
Spencer Silver created a revocable trust holding his investment accounts and died survived by his wife Selena Singh and their minor child. His probate estate consisted only of a modest checking account that was exhausted by funeral costs and administration expenses. Selena petitioned the court to satisfy her statutory allowances from the trust assets. Because the probate estate was inadequate, the trust property became subject to the allowances under the governing statute.
Estate Seeks Allowances from Nonprobate Assets
Solomon Silver died leaving a small probate estate and a transfer-on-death deed conveying real property to his adult daughter. His surviving spouse Samantha Stone filed for homestead, exempt-property, and family allowances. When the personal representative determined the probate assets could not cover the allowances, the estate enforced liability against the nonprobate transfer to the extent permitted by statute.
In re Estate of George265 P.3d 222 (Wyo. 2011)
Common questions
Frequently Asked
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Are statutory allowances payable in addition to an elective share?+
Yes. The governing statute provides that homestead, exempt-property, and family allowances are not charged against but are in addition to any elective-share amount. This separation ensures the surviving spouse receives both immediate support through the allowances and a fractional share of the augmented estate.
Supporting sources
When must a surviving spouse file a petition to preserve nonprobate transfers in the augmented estate for elective-share purposes?+
The petition must be filed within nine months after death or six months after probate, whichever is later. Filing more than nine months after death excludes nonprobate transfers from the augmented estate, and failure to notify affected nonprobate recipients provides an independent ground for limiting the petition's reach.
Must the value of a constitutional homestead interest be charged against the statutory homestead allowance?+
Yes. The statute requires that the value of any constitutional homestead interest received by the surviving spouse be charged against the statutory homestead allowance to the extent the family home would have been part of the decedent's estate but for the constitutional provision.
Supporting sources
Can a slayer forfeit statutory allowances along with an intestate share?+
Yes. An individual who feloniously and intentionally kills the decedent forfeits all benefits arising by reason of the death, including intestate shares and statutory allowances. The statute treats the killer as having disclaimed, so the estate passes as if the killer were not an heir or beneficiary.
Supporting sources
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