{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-309.html"}],"law_id":87056,"edition_id":1,"section_id":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","history":"1981, c. 580, \u00a7\u00a7 64.1-151.1, 64.1-151.4; 1987, c. 222; 1990, c. 831; 1996, c. 549; 2001, c. 368; 2012, c. 614; 2014, c. 532; 2025, c. 148.","full_text":"A\n\nIn addition to any other right or allowance under this article, upon the death of a decedent who was domiciled in the Commonwealth, the surviving spouse and minor children whom the decedent was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance shall not continue for longer than one year if the estate is inadequate to discharge all allowed claims. The family allowance may be paid as a lump sum not to exceed $30,000, or in periodic installments not to exceed $2,500 per month for one year. It is payable to the surviving spouse for the use of the surviving spouse and minor children or, if there is no surviving spouse, to the person having the care and custody of the minor children. If any minor child is not living with the surviving spouse, the family allowance may be made partially to the spouse and partially to the person having the care and custody of the child, as their needs may appear. If there are no minor children, the allowance is payable to the surviving spouse.B\n\nThe family allowance has priority over all claims against the estate.C\n\nThe family allowance is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share.D\n\nThe death of any person entitled to a family allowance terminates the person’s right to any allowance not yet paid.","order_by":null,"text":{"0":{"id":311746,"text":"In addition to any other right or allowance under this article, upon the death of a decedent who was domiciled in the Commonwealth, the surviving spouse and minor children whom the decedent was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance shall not continue for longer than one year if the estate is inadequate to discharge all allowed claims. The family allowance may be paid as a lump sum not to exceed $30,000, or in periodic installments not to exceed $2,500 per month for one year. It is payable to the surviving spouse for the use of the surviving spouse and minor children or, if there is no surviving spouse, to the person having the care and custody of the minor children. If any minor child is not living with the surviving spouse, the family allowance may be made partially to the spouse and partially to the person having the care and custody of the child, as their needs may appear. If there are no minor children, the allowance is payable to the surviving spouse.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311747,"text":"The family allowance has priority over all claims against the estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311748,"text":"The family allowance is in addition to any benefit or share passing to the surviving spouse or minor children by the will of the decedent, by intestate succession, or by way of elective share.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311749,"text":"The death of any person entitled to a family allowance terminates the person’s right to any allowance not yet paid.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15170,"edition_id":1,"name":"Exempt Property and Allowances","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":273053,"object_type":"structure","relational_id":15170,"identifier":"2","token":"64.2\/II\/3\/2","url":"\/64.2\/II\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","metadata":false},{"id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","metadata":false},{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},{"id":57777,"structure_id":15170,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","url":"\/64.2-312\/","token":"64.2\/II\/3\/2\/64.2-312","metadata":false},{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},{"id":75016,"structure_id":15170,"section_number":"64.2-314","catch_line":"Waiver","url":"\/64.2-314\/","token":"64.2\/II\/3\/2\/64.2-314","metadata":false}],"next_section":{"id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-309\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 580 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 222; in 1990, chapter 831; in 1996, chapter 549<\/a>; in 2001, chapter 368<\/a>; in 2012, chapter 614<\/a>; in 2014, chapter 532<\/a>; in 2025, chapter 148<\/a>.<\/p>","references":[{"id":69764,"section_number":"34-24","catch_line":"When the exemption ceases; lien of judgment or decree against householder","order_by":null,"url":"\/34-24\/"},{"id":76289,"section_number":"64.2-201","catch_line":"Distribution of personal estate; right of Commonwealth if no other distributee","order_by":null,"url":"\/64.2-201\/"},{"id":60057,"section_number":"64.2-305","catch_line":"Augmented estate; exclusions; valuation","order_by":null,"url":"\/64.2-305\/"},{"id":57777,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","order_by":null,"url":"\/64.2-312\/"},{"id":75016,"section_number":"64.2-314","catch_line":"Waiver","order_by":null,"url":"\/64.2-314\/"},{"id":76443,"section_number":"64.2-526","catch_line":"What personal estate to be sold; use of proceeds","order_by":null,"url":"\/64.2-526\/"},{"id":85677,"section_number":"64.2-528","catch_line":"Order in which debts and demands of decedents to be paid","order_by":null,"url":"\/64.2-528\/"}],"refers_to":false,"permalink":{"id":273055,"object_type":"law","relational_id":87056,"identifier":"64.2-309","token":"64.2\/II\/3\/2\/64.2-309","url":"\/64.2-309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","dublin_core":{"Title":"Family allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to any other right or allowance under this article, upon the death of a decedent who was domiciled in the Commonwealth, the surviving spouse and minor<\/span> children whom the decedent was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance shall not continue for longer than one year if the estate is inadequate to discharge all allowed claims. The family allowance may be paid as a lump sum not to exceed $30,000, or in periodic installments not to exceed $2,500 per month for one year. It is payable to the surviving spouse for the use of the surviving spouse and minor<\/span> children or, if there is no surviving spouse, to the person having the care and custody<\/span> of the minor<\/span> children. If any minor<\/span> child is not living with the surviving spouse, the family allowance may be made partially to the spouse and partially to the person having the care and custody<\/span> of the child, as their needs may appear. If there are no minor<\/span> children, the allowance is payable to the surviving spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The family allowance has priority over all claims against the estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The family allowance is in addition to any benefit or share passing to the surviving spouse or minor<\/span> children by the will<\/span> of the decedent, by intestate succession, or by way of elective share. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The death of any person entitled to a family allowance terminates the person’s right to any allowance not yet paid. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAMILY ALLOWANCE (\u00a7 64.2-309)\n\nA. In addition to any other right or allowance under this article, upon the\ndeath of a decedent who was domiciled in the Commonwealth, the surviving spouse\nand minor children whom the decedent was obligated to support are entitled to a\nreasonable allowance in money out of the estate for their maintenance during the\nperiod of administration, which allowance shall not continue for longer than one\nyear if the estate is inadequate to discharge all allowed claims. The family\nallowance may be paid as a lump sum not to exceed $30,000, or in periodic\ninstallments not to exceed $2,500 per month for one year. It is payable to the\nsurviving spouse for the use of the surviving spouse and minor children or, if\nthere is no surviving spouse, to the person having the care and custody of the\nminor children. If any minor child is not living with the surviving spouse, the\nfamily allowance may be made partially to the spouse and partially to the person\nhaving the care and custody of the child, as their needs may appear. If there\nare no minor children, the allowance is payable to the surviving spouse.\n\nB. The family allowance has priority over all claims against the estate.\n\nC. The family allowance is in addition to any benefit or share passing to the\nsurviving spouse or minor children by the will of the decedent, by intestate\nsuccession, or by way of elective share.\n\nD. The death of any person entitled to a family allowance terminates the\nperson’s right to any allowance not yet paid.\n\nHISTORY: 1981, c. 580, \u00a7\u00a7 64.1-151.1, 64.1-151.4; 1987, c. 222; 1990, c. 831;\n1996, c. 549; 2001, c. 368; 2012, c. 614; 2014, c. 532; 2025, c. 148.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}