§ 64.1-151.1. Family allowance
Upon the death of a domiciliary of this Commonwealth, the surviving spouse and minor children whom the decedent was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge all allowed claims. The family allowance may be paid as a lump sum in one or more installments or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor children, otherwise, to the person having the care and custody of the minor children; but in case any minor child is not living with the surviving spouse, the family allowance may be made partially to the spouse and partially to the person having the child's care and custody as their needs may appear. If there are no minor children the allowance is payable to the surviving spouse. The family allowance has priority over all claims against the estate.
The family allowance is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the person's right to any allowance not yet paid.
(1981, c. 580; 1987, c. 222; 1990, c. 831.)
Sections: Previous 64.1-145 64.1-146 64.1-147 64.1-148 64.1-149 64.1-150 64.1-151 64.1-151.1 64.1-151.2 64.1-151.3 64.1-151.4 64.1-151.5 64.1-151.6 64.1-152 64.1-153 NextLast modified: April 3, 2009