64.1-151.1 - Family allowance. - Virginia Statutes

§ 64.1-151.1. Family allowance.

Upon the death of a domiciliary of this Commonwealth, the surviving spouseand minor children whom the decedent was obligated to support are entitled toa reasonable allowance in money out of the estate for their maintenanceduring the period of administration, which allowance may not continue forlonger than one year if the estate is inadequate to discharge all allowedclaims. The family allowance may be paid as a lump sum in one or moreinstallments or in periodic installments. It is payable to the survivingspouse, 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, thefamily allowance may be made partially to the spouse and partially to theperson having the child's care and custody as their needs may appear. Ifthere 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 thesurviving spouse or minor children by the will of the decedent, by intestatesuccession, or by way of elective share. The death of any person entitled tofamily allowance terminates the person's right to any allowance not yet paid.

(1981, c. 580; 1987, c. 222; 1990, c. 831.)