                                 CODE OF VIRGINIA

FAMILY ALLOWANCE (§ 64.2-309)

A. 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.

B. The family allowance has priority over all claims against the estate.

C. 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.

D. The death of any person entitled to a family allowance terminates the
person&#8217;s right to any allowance not yet paid.

HISTORY: 1981, c. 580, §§ 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.