The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.403

732.403 Family allowance.—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.

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

Note.—Created from former s. 733.20.

F.S. 732.403 on Google Scholar

F.S. 732.403 on Casetext

Amendments to 732.403

Arrestable Offenses / Crimes under Fla. Stat. 732.403

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.403.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In BROWN, Co. MG LLC,, 521 B.R. 205 (Bankr. S.D. Tex. 2014)

. . . . § 732.403 (providing that “if the decedent was domiciled in Florida at the time of death, the surviving . . . Ann. § 731.201(14), 732.403. . . . Florida Probate Code § 732.403 governs family allowances. . . . Ann. § 732.403 (West 2014) (emphasis added). . . . This Court rejects the Trustee's argument that the "during administration” language of Section 732.403 . . .

M. DINKINS, v. L. DINKINS,, 120 So. 3d 601 (Fla. Dist. Ct. App. 2013)

. . . .; and family allowance, § 732.403. . . .

T. CUTLER, v. CUTLER, In, 994 So. 2d 341 (Fla. Dist. Ct. App. 2008)

. . . Id. at 695; see also § 732.403, Fla. Stat. (2004). . . .

VALDES, v. In ESTATE OF VALDES,, 913 So. 2d 1229 (Fla. Dist. Ct. App. 2005)

. . . was awarded for the benefit of a minor child of the decedent, Amado Luis Valdes, pursuant to section 732.403 . . . proceeding, payable in the sum of $526.06 per month, capped, of course, at the statutory limit of $18,000. § 732.403 . . . Section 732.403 authorizes a probate court to award a “reasonable allowance” out of the money of the . . . heirs the decedent was supporting or was obligated to support during administration of the estate. § 732.403 . . .

HOYT, v. HOYT, E. HOYT,, 814 So. 2d 1254 (Fla. Dist. Ct. App. 2002)

. . . Hoyt petitioned the estate for a lump-sum family allowance of $6000 pursuant to section 732.403, Florida . . .

TAGLIABUE, v. FRASER,, 576 So. 2d 401 (Fla. Dist. Ct. App. 1991)

. . . the court for an elective share and a family-allowance for the ward pursuant to sections 732.201 and 732.403 . . .

L. DeSMIDT K. v. DeSMIDT,, 563 So. 2d 193 (Fla. Dist. Ct. App. 1990)

. . . DeSmidt, a family allowance from her husband’s estate pursuant to section 732.403, Florida Statutes ( . . . reasonable allowance in money out of the estate for [the spouse’s] maintenance during administration. § 732.403 . . .

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, v. E. ZRILLIC, ESTATE OF E. ROMANS, v. E. ZRILLIC,, 563 So. 2d 64 (Fla. 1990)

. . . Fla.Stat. (1985), personal property exemptions, § 732.402, Fla.Stat. (1985), and a family allowance, § 732.403 . . .

PAREDES, v. B. McLUCAS,, 561 So. 2d 439 (Fla. Dist. Ct. App. 1990)

. . . . except homestead (F.S.A. 732.401), exempt property (F.S.A. 732.402), and family allowance (F.S.A. 732.403 . . .

IN RE ESTATE OF GITLIN, 31 Fla. Supp. 2d 99 (Fla. Cir. Ct. 1988)

. . . Gitlin for family allowance pursuant to FS § 732.403. . . . (Fla Laws 1974 C. 74.106(1) and Fla Laws 75.220(la) FS § 732.403 replacing FS § 733.20). . . . S. 732.403). . . . S. 732.403, in the Court’s view, carries no legislative intent to change the need requirement. . . .

ESTATE OF H. SAGE, v. SAGE,, 515 So. 2d 1324 (Fla. Dist. Ct. App. 1987)

. . . the trial court’s order granting appellee’s petition for family allowance, as authorized by section 732.403 . . . ordered the estate to pay appellee $500.00 per month, not to exceed the maximum allowed in section 732.403 . . .

FLAGSHIP NATIONAL BANK OF MIAMI Jr. v. KING,, 418 So. 2d 275 (Fla. Dist. Ct. App. 1982)

. . . King claimed the right to a family allowance, Sec. 732.403, Fla.Stat. (1979), and an elective share of . . .

In ESTATE W. REED, W. REED, Jr. v. M. REED,, 354 So. 2d 864 (Fla. 1978)

. . . The family allowance statute no longer makes a sex-based classification, Section 732.403, Florida Statutes . . .