The Short Answer

In Florida, what many people call a “year’s allowance” is usually handled as a family allowance request in probate. You generally file a verified petition asking the probate court for a reasonable cash allowance (up to a statutory cap) for the surviving spouse and/or dependent lineal heirs during the estate administration.

Because the allowance can affect other beneficiaries and creditors, the petition’s contents and proof of dependency/need can become contested quickly—so it’s smart to have a Florida probate attorney prepare and present it.

What Florida Law Says

Florida law provides a court-supervised “family allowance” designed to help support a surviving spouse and certain dependent family members while the estate is being administered. The court decides what amount is reasonable and can order payment either in a lump sum or in installments, subject to the statutory maximum.

The Statute

The primary law governing this issue is Fla. Stat. § 732.403.

This statute establishes that if the decedent was domiciled in Florida at death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting (or obligated to support) may be entitled to a reasonable cash allowance during administration, up to a total of $18,000, with rules about who receives it and how it is allocated.

What should be included in the petition (high-level checklist)

Florida probate practice is driven not only by the statute, but also by the Florida Probate Rules. In general terms, a proper family allowance petition should clearly identify the people seeking the allowance, explain why they qualify, and state the amount requested.

Under Florida Probate Rule 5.407, the petition is typically expected to be verified and to include key identifying information for the surviving spouse and the decedent’s lineal heirs (with special handling for minors), plus for each person requesting an allowance: their relationship to the decedent, the basis for the claim, and the amount sought.

If you want more background on how this works in practice, see: How Does a “Year’s Allowance” (Family Allowance) Work in Florida Probate?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when the law doesn’t give a single universal “X days” deadline for every case, probate timelines move fast (creditor issues, objections, hearings). Filing too late can reduce leverage or create avoidable disputes over retroactive support.
• Burden of Proof: If anyone challenges the request, you may need evidence showing (1) Florida domicile, (2) qualifying relationship (surviving spouse and/or “lineal heirs”), and (3) dependency/support obligation and reasonableness of the amount requested.
• Exceptions and Conflicts: The allowance can become contentious when heirs live apart from the surviving spouse, when there are blended families, or when other beneficiaries argue the amount is not “reasonable.” Allocation and payment method can also matter.

Trying to handle this alone can lead to a petition that is technically deficient, triggers objections, or results in a smaller award than you could have obtained with proper presentation.

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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.