Widow’s Allowance
A widow’s allowance (also called a widower’s or spousal allowance) is a short-term cash or property payment provided to a surviving spouse — and sometimes to minor or dependent children — from the decedent’s estate. It’s intended to meet immediate living expenses while the estate is being settled and is typically set by state law or by a probate court.
How it works
- Who decides: State statute or the probate court determines whether an allowance is available and how much is paid.
- Time limit: Payments are temporary and intended to bridge the gap during estate administration; the period during which an allowance may be claimed is limited by law.
- Source of funds: The allowance comes from the deceased person’s estate, not from Social Security or pension plans.
- Property counted: States vary on which assets are considered. Personal property (bank accounts, vehicles, cash) typically counts; some jurisdictions exclude real property (homes, land) from allowance calculations.
How the amount is determined
- Fixed vs. proportional: Some states set a fixed maximum allowance; others let the court calculate an amount proportional to the estate’s size and the family’s needs.
- Factors considered: Size of the estate, the surviving spouse’s needs, and the age/dependency status of children can affect the allowance.
- Examples vary by state — amounts and eligibility rules differ, and some states have separate limits for children. Always check local law or consult a probate attorney.
Eligibility and claiming
- Eligible recipients: Generally the surviving spouse and, in many states, dependent children.
- Filing requirements: There is often a deadline (commonly months to a year after death) to file a claim; some states charge filing or per-asset fees.
- Valuation: Claimants may need to list and value certain assets when filing; rules about which assets count differ by jurisdiction.
How a widow’s allowance differs from other benefits
- Widow’s allowance vs. survivor/retirement benefits:
- Widow’s allowance — short-term, estate-based, time-limited.
- Survivor benefits (Social Security, VA pension, employer pensions) — ongoing, based on program rules, not drawn from the estate.
- Widow’s allowance vs. a will:
- Allowance — determined by statute or court to protect the surviving family during estate administration.
- Will — reflects the decedent’s directions for distributing assets and takes effect through probate; it is not a statutory emergency payment.
Can you receive both retirement and survivor benefits?
Yes. Receiving a widow’s allowance from an estate does not generally prevent you from claiming survivor or retirement benefits from Social Security, a pension plan, or the VA. The allowance is a short-term estate remedy and is distinct from ongoing survivor benefits.
Key takeaways
- A widow’s allowance provides temporary financial support from the decedent’s estate to a surviving spouse and sometimes children.
- Amounts and eligibility are set by state law or by the court and vary widely.
- It is time-limited and separate from recurring survivor benefits such as Social Security or pension survivor payments.
- Consult a probate attorney or local court rules to understand deadlines, allowable assets, and state-specific amounts.