The Short Answer

In Florida, a minor child may be able to claim a family allowance (sometimes informally called a “year’s allowance”) if the child was being supported by the parent (or the parent was legally obligated to support the child). In addition, if there is no surviving spouse, the decedent’s children may be entitled to certain exempt property set aside from the estate.

What Florida Law Says

Florida probate law provides special protections meant to keep a surviving spouse and certain dependent family members from being left without resources while the estate is being administered. For minor heirs, the key concepts are (1) a support-based allowance during administration and (2) certain categories of property set aside as exempt (in the right circumstances), which can affect what creditors can reach and what remains to distribute to heirs.

The Statute

The primary law governing a “year’s allowance” concept in Florida is Fla. Stat. § 732.403.

This statute establishes that, if the decedent was domiciled in Florida, the surviving spouse and the decedent’s lineal heirs the decedent was supporting (or was obligated to support) may receive a reasonable cash allowance from the estate for maintenance during administration, up to $18,000, typically paid to the surviving spouse (if living) for the spouse and dependent heirs.

Separately, Florida also provides for certain exempt property rights. The governing statute is Fla. Stat. § 732.402, which generally gives the surviving spouse the right to exempt property, or if there is no surviving spouse, the decedent’s children may claim it.

If the parent died without a will, the child’s underlying share as an heir is determined under Florida’s intestacy statutes, including Fla. Stat. § 732.102 (spouse’s share) and Fla. Stat. § 732.103 (share of other heirs, including descendants).

For more background, you may also find helpful: How a “Year’s Allowance” (Family Allowance) works in Florida probate and how to protect a minor’s inheritance in Florida.

Why You Should Speak with an Attorney

While these statutes provide the general rule, applying them to a minor heir’s situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Exempt property rights can be waived if a timely petition is not filed (the exempt-property statute includes a waiver rule tied to the notice of administration timeline). See Fla. Stat. § 732.402(6).
• Burden of Proof: A minor does not automatically receive the family allowance just by being an heir—eligibility commonly turns on whether the decedent was supporting the child or was obligated to support the child under the facts and applicable orders.
• Priority and Conflicts: The family allowance is “in addition to” certain other rights, but disputes can arise over what assets are available, how the allowance should be paid, and how it interacts with other claims and distributions—especially when there is a surviving spouse, multiple children, or creditor pressure.

When a minor is involved, the court may also require additional protections for how funds are held or paid. Getting counsel early can help avoid preventable delays, objections, or outcomes that don’t protect the child’s interests.

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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.