Florida Statutes

Fla. Stat. § 732.403 (2025)

Family allowance.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 11 cases, 1978–2014 · leading case: Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990).

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Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). · cites it 2× “(1985), and a family allowance, § 732.403, Fla. Stat. (1985). The Probate Code also protects against fraud, duress, mistake, and undue influence.”

Cutler v. Cutler, 994 So. 2d 341 (Fla. 3d DCA 2008). · cites it 2× “at 695 ; see also § 732.403, Fla. Stat. (2004). Judy moved to compel the transfer of Paul's individual one-half interest in the homestead property from the trust to Paul's estate to pay these charges.”

In Re Est. of Reed, 354 So. 2d 864 (Fla. 1978). · cites it 2× “The statute makes a sex-based classification. We agree with the appellant's claim that the sex-based classification is irrational and denies equal protection under the Florida and the United States Constitutions.”

Est. of Sage v. Sage, 515 So. 2d 1324 (Fla. 2d DCA 1987). · cites it 4× “This appeal is from the trial court’s order granting appellee’s petition for family allowance, as authorized by section 732.403, Florida Statutes (1985).”

In re Brown, 521 B.R. 205 (Bankr. S.D. Tex. 2014). · cites it 2× “See Fla. Stat. Ann. § 732.403 (providing that “if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs .”

DeSmidt v. DeSmidt, 563 So. 2d 193 (Fla. 2d DCA 1990). · cites it 4× “§ 732.403, Fla. Stat. (1987) (emphasis added).”

Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013). “…items as homestead, Art. X, § 4(c), Fla. Const.; elective share, §§ 732.201-.2155, Fla. Stat.; and family allowance, § 732.403.”

Paredes v. McLucas, 561 So. 2d 439 (Fla. 2d DCA 1990). “402), and family allowance (F.S.A. 732.403). See F.S.A. 732.208.” L. Jeffries, Redfearn Wills and Administration in Florida, 6th ed.”

Valdes v. Est. of Valdes, 913 So. 2d 1229 (Fla. 3d DCA 2005). · cites it 6× “§ 732.403, Fla. Stat. In February 2004 and again in July 2004, the personal representative sought to vacate the allowance.”

In re Est. of Gitlin, 31 Fla. Supp. 2d 99 (Fla. Cir. Ct. 1988). · cites it 4× “(F. S. 732.403). The notice and hearing provision, along with the permissive use of the word may and the inclusion of the phrase “as the needs of the spouse and lineal descendants appear” would seem to demonstrate no change in the required showing of need.”

Hoyt v. Hoyt, 814 So. 2d 1254 (Fla. 2d DCA 2002). · cites it 2× “Hoyt petitioned the estate for a lump-sum family allowance of 00 pursuant to section 732.403, Florida Statutes (1995).”

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