14-2404. Family allowance; use; length; priority; termination by death

A. The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. This allowance shall not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children. Otherwise this allowance is payable to the children or to persons who have the care and custody of these children. If a minor child or a dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person who has the care and custody of the child and partially to the spouse, as their needs may appear.

B. The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance.

C. The family allowance is chargeable against any benefit or share passing to the surviving spouse or children by the decedent's will, by a nonprobate transfer pursuant to section 14-6102 or by intestate succession unless otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer.

D. The death of a person entitled to the family allowance terminates the right to allowances not yet paid.