The Short Answer

In Florida probate, what many people call a “spousal” or “year’s” allowance is typically the family allowance: a court-ordered payment from the estate intended to help support the surviving spouse (and certain dependent lineal heirs) during the administration of the estate. It is not automatic, it is capped by statute, and it can become contested—especially when the estate is short on cash or other beneficiaries object.

What Florida Law Says

Florida provides several protections for a surviving spouse in probate, and they often get discussed together: homestead, exempt property, and the family allowance. The family allowance is designed to provide maintenance while the estate is being administered, and it is generally paid in money rather than by handing over estate items.

If your question is really about “assigning personal property,” that is often tied to exempt property (certain household items and vehicles) and, in smaller estates, court authorization to transfer personal property without opening a full administration.

The Statute

The primary law governing the “year’s/spousal allowance” concept is Fla. Stat. § 732.403 (Family allowance).

This statute establishes that when the decedent was domiciled in Florida, the surviving spouse (and certain dependent lineal heirs) may receive a reasonable allowance in money for maintenance during administration, up to a total of $18,000, payable in a lump sum or installments.

For personal property that may be set aside for the family, Florida also provides an exempt property entitlement. See Fla. Stat. § 732.402 (Exempt property), which covers certain household furnishings (up to a statutory value cap) and up to two qualifying motor vehicles, among other items.

Why You Should Speak with an Attorney

Even though the statutes sound straightforward, disputes and mistakes are common because these benefits interact with creditor claims, beneficiary rights, and estate liquidity. Legal outcomes often depend on:

• Strict Deadlines: Exempt property rights can be waived if a timely petition is not filed. Florida law sets a deadline tied to service of the Notice of Administration. See Fla. Stat. § 732.402(6).
• Burden of Proof: A family allowance is typically decided by the court, and the amount can be contested—especially where other beneficiaries argue the request is unreasonable or the estate cannot support it.
• Exceptions and Priority Issues: The family allowance is capped and must be coordinated with estate administration realities (cash flow, creditor issues, and what property is actually part of the probate estate). Missteps can trigger objections, delays, or litigation.

If you’re also trying to “assign” or transfer personal property without full probate, Florida has a separate small-estate pathway that can authorize transfers by court writing in limited situations. See Fla. Stat. § 735.304. Whether you qualify—and how to avoid personal liability or later challenges—depends heavily on the facts.

For deeper background on related spouse rights, you may also want to read: How Do Elective Share Claims Work in Florida Probate, and What Defenses Are Available? and How Are Bank Accounts and CDs Handled Under a Will vs. a Year’s Allowance in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.