(a) For purposes of this chapter, continuation of the administration of the estate in order to pay a family allowance is not in the best interests of the estate or interested persons unless the court determines both of the following:
(1) The family allowance is needed by the recipient to pay for necessaries of life, including education so long as pursued to advantage.
(2) The needs of the recipient for continued family allowance outweigh the needs of the decedent’s beneficiaries whose interests would be adversely affected by continuing the administration of the estate for this purpose.
(b) Nothing in this section shall be construed to authorize continuation of a family allowance beyond the time prescribed in Section 6543.
(c) Nothing in this section limits the power of the court to order a preliminary distribution of the estate.
(Enacted by Stats. 1990, Ch. 79.)
Last modified: October 25, 2018