Family Allowances

Chapter 4 of Part 3 of Division 6 of the Probate Code deals with family allowances under wills and intestate succession.

Section 6540 provides that the specified individuals are entitled to a reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate. In addition, specified individuals may be given a reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate.

Section 6541 allows the court to grant or modify a family allowance on petition of any interested person. There is a specified order for a family allowance. An order for the family allowance may be made only after notice of the hearing on the petition has been given to the specified persons.

Section 6542 provides a family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion determines, but the allowance may not be made retroactive to a date earlier than the date of the decedent’s death.

Section 6543 requires a family allowance to terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters.

Section 6544 requires the costs of proceedings under this chapter to be paid by the estate as expenses of administration.

Section 6545 explains that the perfecting of an appeal from an order made under this chapter does not stay proceedings under this chapter or the enforcement of the order appealed from if the person in whose favor the order is made gives an undertaking in double the amount of the payment or payments to be made to that person.