3.5 Other Rights

• Library: Estate Planning in Virginia (Virginia CLE) (2018 Ed.)

3.5 OTHER RIGHTS

3.501 Family Allowance. The surviving spouse, or the person who has custody of the minor children if there is no surviving spouse, and any 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. ⁴⁶ The personal representative may pay the family allowance in a lump sum not exceeding $24,000 or in periodic installments not exceeding $2,000 per month for one year. With judicial

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approval, the family allowance may exceed these amounts. ⁴⁷ The family allowance has priority over all other claims against the estate and may be claimed in addition to any benefit or share passing to the surviving spouse or minor children by will, by intestate succession, or by way of elective share. The family allowance may not continue for longer than one year if the estate is inadequate to discharge all allowed claims. ⁴⁸ As with the elective share and other statutory allowances, the right to receive a family allowance may be waived by each spouse in the property of the other by executing a valid agreement. ⁴⁹

3.502 Exempt...