When someone dies, their surviving spouse and certain children can get money from the estate to help cover living costs while the estate is being handled. This can last up to one year and can be paid all at once or in smaller payments over time. Instead of money, the court can allow the person to take property from the estate of equal value. This allowance cannot be taken away by debts or other claims against the estate.
474.260. One year support , property in lieu thereof — allowance from all . — 1. In addition to the right to and , the 's and whom the decedent was to support and the children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the for their during the , which allowance may not continue for longer than one year. The allowance may be paid as a or in . It is payable to the surviving spouse, if living, for the use of the surviving spouse and or children; otherwise to the children, or person having their care and , but if a minor or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's or other person having the child's care and custody, and partially to the spouse, as their needs may appear. In setting the amount of the support allowance for any persons entitled to such support, the court may consider the previous standard of living of the , the condition of the estate, the income and other available to the applicant and the applicant's expenses. The support allowance is not against any or share passing to the surviving spouse or children by the of the decedent, unless otherwise provided, by or by way of . The death of any person entitled to a terminates the right to not yet paid.
2. The court may authorize the of the support allowance to receive any property of the estate all or part of the money allowance by this section, and in any case where the court makes an allowance in money, the recipient of the support allowance may select and receive any property of the estate, of a value not exceeding the allowance in money, which shall be in lieu of and which value shall be against the allowance. The right of selection provided for in this section is subject to the of section 473.620. The allowance authorized by this section is exempt from all claims.
3. Where is selected this section, the provisions of subsections 2, 3, 4, 5 and 6 of section 474.290 shall be followed.
(RSMo 1939 § 106, A.L. 1955 p. 385 § 135, A.L. 1957 p. 829, A.L. 1965 p. 637, A.L. 1967 p. 645, A.L. 1971 S.B. 85, A.L. 1980 S.B. 637, A.L. 1996 S.B. 494)
Prior revisions: 1929 §§ 106, 107; 1919 §§ 105, 106; 1909 §§ 114, 115
Effective 5-23-96
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Related Missouri laws
Exempt property of surviving spouse or minor children
RSMo 474.250
Exempt property applied for, when
RSMo 474.270
Share of omitted children, how determined
RSMo 474.240
Proceeds of sale of exempt property paid over, when
RSMo 474.280
Share of omitted spouse
RSMo 474.235
Effect of failure to elect to take against will
RSMo 474.230
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.