Family Allowance - Family Protection - Probate - CA

Section § 6540

This law outlines who can receive funds from an estate to cover living expenses while the estate is being processed. The surviving spouse and minor children of the deceased are automatically eligible for a reasonable family allowance. Adult children who cannot work due to physical or mental incapacity and were dependent on the deceased are also eligible.

Other adult children and parents of the deceased who were partially dependent may receive an allowance at the court's discretion. If a person has enough support from other sources and there are others without, only those without sufficient support will receive the allowance.

(a) The following are entitled to such reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate:

(1) The surviving spouse of the decedent.

(2) Minor children of the decedent.

(3) Adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support.

(b) The following may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate:

(1) Other adult children of the decedent who were actually dependent in whole or in part upon the decedent for support.

(2) A parent of the decedent who was actually dependent in whole or in part upon the decedent for support.

(c) If a person otherwise eligible for family allowance has a reasonable maintenance from other sources and there are one or more other persons entitled to a family allowance, the family allowance shall be granted only to those who do not have a reasonable maintenance from other sources.

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Section § 6541

This law section allows the court to grant or change a family allowance if someone with a stake in the decision requests it. If the estate inventory isn't filed yet, the decision can be made quickly without a hearing or after notifying interested parties about a hearing. Once the inventory is in, a hearing is needed with notice to involved parties, as per Section 1220. This includes anyone listed in Section 1220, and known heirs or devisees whose share of the estate would be influenced by the petition.

(a) The court may grant or modify a family allowance on petition of any interested person.

(b) With respect to an order for the family allowance provided for in subdivision (a) of Section 6540:

(1) Before the inventory is filed, the order may be made or modified either (A) ex parte or (B) after notice of the hearing on the petition has been given as provided in Section 1220.

(2) After the inventory is filed, the order may be made or modified only after notice of the hearing on the petition has been given as provided in Section 1220.

(c) An order for the family allowance provided in subdivision (b) of Section 6540 may be made only after notice of the hearing on the petition has been given as provided in Section 1220 to all of the following persons:

(1) Each person listed in Section 1220.

(2) Each known heir whose interest in the estate would be affected by the petition.

(3) Each known devisee whose interest in the estate would be affected by the petition.

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Section § 6542

This law explains that a family allowance, which is financial support for the decedent's family, begins on the date of the court order or another time specified by the court. The court has the flexibility to decide when it starts but cannot backdate it to before the deceased person's death.

A family allowance commences on the date of the court’s order or such other time as may be provided in the court’s order, whether before or after the date of the order, as the court in its discretion determines, but the allowance may not be made retroactive to a date earlier than the date of the decedent’s death.

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Section § 6543

This law explains when a family allowance, a type of financial support given during estate settlement, should end. It must stop when the estate is distributed to heirs or, if there's not enough money in the estate, within a year after the probate process begins. The court can change or stop the allowance at any time until these points are reached.

(a) A family allowance shall terminate no later than the entry of the order for final distribution of the estate or, if the estate is insolvent, no later than one year after the granting of letters.

(b) Subject to subdivision (a), a family allowance shall continue until modified or terminated by the court or until such time as the court may provide in its order.

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Section § 6544

If there are any costs from legal proceedings under this chapter, they must be paid for using the funds from the estate as part of its administrative expenses.

The costs of proceedings under this chapter shall be paid by the estate as expenses of administration.

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Section § 6545

If someone appeals an order related to this law, the appeal won't stop the order from being enforced. However, the person benefiting from the order must provide a financial guarantee that is twice the amount they're supposed to receive. This guarantee ensures that if the appeal changes or reverses the original order, any money paid that wasn't justified will be returned to the estate within 30 days, unless it's already been deducted from any other distribution, with added interest and costs.

Notwithstanding Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure, the perfecting of an appeal from an order made under this chapter does not stay proceedings under this chapter or the enforcement of the order appealed from if the person in whose favor the order is made gives an undertaking in double the amount of the payment or payments to be made to that person. The undertaking shall be conditioned that if the order appealed from is modified or reversed so that the payment or any part thereof to the person proves to have been unwarranted, the payment or part thereof shall, unless deducted from any preliminary or final distribution ordered in favor of the person, be repaid and refunded into the estate within 30 days after the court so orders following the modification or reversal, together with interest and costs.

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