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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.403

“Family allowance”

What it means

In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida, the surviving spouse and the decedent's lineal heirs whom the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. (§ 732.403)

The allowance may not exceed $18,000 in total. The court may order it paid as a lump sum or in periodic installments. It is paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs; if the spouse is not living, to the lineal heirs or the persons having their care and custody. If a lineal heir does not live with the spouse, it may be paid partly to the heir or guardian and partly to the spouse. (§ 732.403)

The allowance is not chargeable against any benefit or share otherwise passing to the spouse or dependent lineal heirs unless the will provides otherwise. A recipient's death ends the right to the part not yet paid. "Lineal heirs" means lineal ascendants and lineal descendants of the decedent. (§ 732.403)

— What it says
  • Available when the decedent was domiciled in Florida: a reasonable allowance for maintenance during administration (§ 732.403).
  • Payable to the surviving spouse and the decedent's lineal heirs the decedent was supporting or obligated to support (§ 732.403).
  • The total allowance may not exceed $18,000 (§ 732.403).
  • The court may order a lump sum or periodic installments (§ 732.403).
  • Not chargeable against other benefits or shares passing to the recipients unless the will provides otherwise (§ 732.403).
  • A recipient's death ends the right to any unpaid part; "lineal heirs" includes ascendants and descendants (§ 732.403).

Text of the statute (2026)

§ 732.403
In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. 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 $18,000. 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 guardian or other person having the heir’s care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that 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.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.403.

History. s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102; s. 40, ch. 2001-226.

— In a Florida probate

How it applies

The family allowance is paid from the estate during administration and is separate from the exempt property set apart under § 732.402. In the order of payment of estate obligations in § 733.707(1), the family allowance is Class 5, after administration expenses, funeral expenses, certain preferred debts and claims, and medical expenses of the last 60 days of the last illness. The statute fixes the cap on the total but leaves the amount, the choice of lump sum or installments, and any division among recipients to the court.

Questions people ask

Can a widow get money from the estate before probate is finished in Florida?
Yes, through a family allowance. Section 732.403 lets the court order a reasonable allowance of up to $18,000 in total, as a lump sum or installments, for the maintenance of the surviving spouse and dependent lineal heirs during administration. It is not charged against their other shares unless the will says so.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 732.403

Published by the Probate.Help editorial team.How these pages are written and checked.

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