Texas Estates Code 353.102 – Amount and Method of Payment of Family Allowance
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(a) The amount of the family allowance must be sufficient for the maintenance of the decedent‘s surviving spouse, minor children, and adult incapacitated children for one year from the date of the decedent’s death.
(b) The allowance must be fixed with regard to the facts or circumstances then existing and the facts and circumstances anticipated to exist during the first year after the decedent’s death.
Terms Used In Texas Estates Code 353.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The allowance may be paid in a lump sum or in installments, as ordered by the court.