Legal Definitions - widow's allowance

A widow's allowance refers to a temporary financial provision made from a deceased person's estate to their surviving spouse (whether a widow or widower) during the period when the estate is being administered. The primary purpose of this allowance is to provide immediate financial support for the surviving spouse's living expenses and household needs, preventing financial hardship while the estate's assets are being gathered, debts paid, and final distributions prepared. This allowance is typically a fixed sum or a series of payments for a set duration, as determined by state law or court order, and it is paid before the final distribution of the estate's assets.

Here are some examples illustrating the application of a widow's allowance:

• Example 1: Mr. Henderson passes away unexpectedly, leaving his wife, Mrs. Henderson, as the sole beneficiary of his estate. While the probate process begins, their joint bank accounts are temporarily frozen, and Mrs. Henderson finds herself without immediate access to funds for groceries, utility bills, and other daily necessities. A court grants Mrs. Henderson a widow's allowance of $5,000 per month for six months.

  This illustrates how the widow's allowance provides immediate, essential financial support to a surviving spouse for basic living expenses during the interim period when estate assets are inaccessible and before long-term financial arrangements can be made.

• Example 2: Sarah's husband, David, was the primary income earner for their household. After David's sudden death, Sarah, who had been a stay-at-home parent, faces immediate challenges in covering their mortgage payments and the children's school fees. The estate is substantial but will take many months to settle. The court approves a widow's allowance for Sarah to cover these critical household expenses for a year.

  This demonstrates the allowance's role in supporting a financially dependent surviving spouse and ensuring the continuity of essential household payments during the lengthy process of estate administration.

• Example 3: After her husband's passing, Maria discovers that while his estate is solvent, many of the assets are tied up in investments that require time to liquidate without significant loss. She needs funds to cover immediate funeral costs, property taxes on their shared home, and the final medical bills that arrived after his death. The court grants her a widow's allowance to cover these specific, immediate expenses directly related to the death and the maintenance of the estate's property.

  This example shows the widow's allowance being used to cover specific, pressing expenses that arise immediately after a spouse's death, ensuring the surviving spouse is not burdened with these costs while the estate is being processed.