What is a year’s allowance and how does it protect assets from creditors? - Florida

The Short Answer

In Florida probate, what many people call a “year’s allowance” is generally the family allowance: a court-authorized payment (up to a statutory cap) meant to support a surviving spouse and certain dependent family members while the estate is being administered. It can effectively move a limited amount of value to the family early in the case, but it does not automatically wipe out valid creditor claims, and the details matter.

What Florida Law Says

Florida provides certain protections for a surviving spouse and qualifying family members during probate. One of those protections is a family allowance, which is intended to provide maintenance during the administration of the estate. This is separate from other protections (like homestead and exempt property) that can also limit what creditors can reach.

The Statute

The primary law governing a “year’s allowance” concept in Florida is Fla. Stat. § 732.403 (Family allowance).

This statute establishes that, if the decedent was domiciled in Florida, the surviving spouse and certain dependent lineal heirs are entitled to a reasonable allowance in money from the estate for maintenance during administration, capped at $18,000, payable as a lump sum or installments.

Separately, Florida also recognizes exempt property that is expressly protected from most estate claims. See Fla. Stat. § 732.402, which states that exempt property is “exempt from all claims against the estate except perfected security interests”.

If your concern is “protecting assets from creditors,” it’s important to understand the difference: a family allowance is a support payment during probate, while exempt property is a category of assets that Florida law generally removes from creditor claims (with limited exceptions).

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying these protections to real-life estates is rarely simple. Legal outcomes often depend on:

Strict Deadlines: Some probate protections can be waived if they are not timely asserted. For example, Florida’s exempt property statute includes a waiver rule unless a timely petition is filed. See Fla. Stat. § 732.402(6).
Who qualifies and how much: The family allowance is limited to a statutory maximum and is tied to who was supported (or obligated to be supported). Disputes can arise over dependency, need, and allocation among family members. See Fla. Stat. § 732.403.
Creditor and lien issues: Even when something is “protected,” secured creditors (for example, a perfected lien) may still have enforceable rights against specific property. Exempt property, for instance, is generally protected except for perfected security interests. See Fla. Stat. § 732.402(3).

Because these allowances and exemptions can change what is available to creditors (and what is available to heirs), they often become contested issues in probate. Getting advice early can prevent avoidable litigation, delays, or an outcome that unintentionally exposes assets.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.