Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a Florida probate attorney.
Detailed Answer
Under Florida law, a “year’s allowance” (also known as a family allowance) gives a surviving spouse—and minor children if applicable—a set amount of personal property from the estate to cover living expenses during the first year of probate. Florida Statute Section 732.401 grants up to $18,000 for a surviving spouse; Section 732.402 authorizes a family allowance for minor children. You typically request this allowance by filing a petition or affidavit early in the probate process.
When you complete an estate inventory, Florida Statute Section 733.603 requires the personal representative to list all estate assets, including real property, bank accounts, and personal property (furniture, jewelry, vehicles, etc.). This full inventory ensures transparency and protects creditor and beneficiary rights.
However, you do not need to itemize personal property assets specifically on your petition or claim for the year’s allowance. The petition simply states the amount requested under the statutory limit. After the court approves the allowance, the personal representative designates which personal property items satisfy that allowance up to the approved dollar amount.
In practice:
- The personal representative files an initial petition or affidavit requesting the allowance (no asset list required in that filing).
- The personal representative separately files a complete estate inventory listing all personal property assets under F.S. 733.603 (leg.state.fl.us/733.603).
- Once approved, the personal representative allocates specific personal property items to satisfy the allowance up to the statutory limit.
This process prevents claimants from tying up estate assets by requiring them to identify each item at the allowance stage. Instead, they secure the right to receive up to the statutory amount, and the personal representative then manages the asset distribution.
Helpful Hints
- Review Florida Statutes Sections 732.401 and 732.402.
- File your petition for the year’s allowance promptly—ideally before distributing any estate assets.
- Maintain a detailed estate inventory under F.S. 733.603, listing all personal and real property.
- Consult a probate attorney to verify deadlines and proper forms.
- Keep clear records of which items the personal representative designates to satisfy the allowance.