A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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In Texas, probate law provides for certain allowances to be paid to the surviving spouse and minor children of a deceased person. The allowance is payable in monthly installments over a period of twelve months. The executor or administrator of the estate is responsible for distributing the allowance.
If the estate does not include a homestead, the surviving spouse can request an allowance from the estate of up to $45,000. While a surviving spouse generally cannot elect between the homestead and the allowance,11 an allowance in lieu of homestead may be authorized when there is insubstantial equity in the home.
Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
Children. If your spouse does not survive you or you were divorced, your children will each receive an equal share of your estate. If a child dies before you and leaves grandchildren, those descendants would split their parent's share.
A claim or any part of a claim for money against an estate may not be paid until the claim or part of the claim has been approved by the court or established by the judgment of a court of competent jurisdiction. Sec. 355.102.
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
Payment priorities There is an order of priority for debts to creditors if the estate's assets cannot cover all valid claims: Federal taxes. Funeral expenses and/or final illness expenses up to $15,000. Estate administration expenses.
(a) A claim or part of a claim that has been rejected by the personal representative is barred unless not later than the 90th day after the date of rejection the claimant commences suit on the claim in the court of original probate jurisdiction in which the estate is pending.
