Losing a spouse brings emotional challenges, which are compounded for many by the complex legal aspects of settling a spouse’s estate. In Texas, state law provides what’s known as a “spousal allowance,” technically termed the “Application and Assignment Year’s Allowance.”
This legal provision allows the surviving spouse to claim specific assets, offering a means of financial security that bypasses creditors and provides quicker access than the typical estate administration process.
At Sharpe Law Group, we believe in making the estate distribution process as straightforward as possible, even for complex estates. We understand handling an estate as a surviving spouse can lead the mind down a complex rabbit hole of questions. This guide explores the nuances of spousal allowances in Plano, shedding light on the eligibility, types of property covered, and the steps needed to access this benefit.
What Is a Spousal Allowance?
The spousal allowance is a statutory right in Texas allowing a surviving spouse to claim up to $60,000 of the deceased spouse’s personal property. The goal is to provide a financial cushion for the surviving spouse to help cover immediate expenses and maintain stability in a challenging time. This allowance takes precedence over claims from creditors, giving the spouse a direct pathway to specific funds.
This benefit, however, is not unlimited. It applies only to personal property and must be claimed within a specific timeframe—usually one year following the spouse’s death. Understanding the nature of this allowance can be critical for those navigating the legalities of estate settlement in Texas.
Additional Allowances for Children
In cases where the deceased spouse has children, additional allowances may be available beyond the spousal amount.
Texas law permits a $5,000 allowance for each qualifying child, which may be claimed under certain conditions. Eligible children are typically those under the age of 18; however, this age limit can extend for children who are full-time students (up to age 22), or totally disabled (up to age 21).
The term “child” here specifically refers to biological or legally adopted children of the deceased. Interestingly, if the surviving spouse is pregnant at the time of the deceased spouse’s passing, the unborn child can also qualify for the allowance. Understanding these distinctions is important for families who may benefit from these additional allowances.
Qualifying Property for the Spousal Allowance
One key aspect of the spousal allowance is understanding which assets qualify and the difference between personal and real property. Only personal property is eligible under this allowance, and there is no option to claim real property. Real property generally includes immovable assets like land, homes, and other permanently affixed structures. These do not qualify for a spousal allowance.
On the other hand, personal property encompasses items that can be physically moved or held in financial accounts. Examples include cash, bank accounts, retirement funds, vehicles, and collectibles. The spousal allowance strictly pertains to these types of assets, offering the spouse a pathway to liquid assets that can provide immediate financial relief.
How to File for a Spousal Allowance
Filing for a spousal allowance involves specific documentation and processes. First, the claim must be submitted within one year of the deceased spouse’s death, which makes timing crucial.
Texas currently requires a filing fee of $20, with an additional $3 charge for each asset listed on the application form.
When filing, the surviving spouse must provide the deceased’s original death certificate and original documents proving ownership of the claimed assets.
For instance, a car title or bank statement may be needed to substantiate claims on those assets. If the assets are located in a different county than where the spouse resided at the time of death, a separate allowance application may need to be submitted in that specific county. Working with a reliable estate planning attorney can help resolve any complications for surviving family members.
Take Timely Action as a Surviving Spouse with Sharpe Law Group
Navigating the spousal allowance process can be a significant but necessary step for surviving spouses. Acting within the designated timeframe can prevent complications and loss of benefits. Because these allowances exist to alleviate the immediate financial burden following a loved one’s death, filing within the one-year limit is key to accessing these funds without delay.
Consulting an attorney familiar with estate law in Texas can provide peace of mind, allowing the surviving spouse to understand their rights fully and make informed decisions. Sharpe Law Group is here to offer compassionate guidance through the process, helping you secure the assets you’re entitled to in a respectful, timely manner. Contact us today to schedule your consultation.
