The most important thing to know about the family allowance is that it takes priority over all other claims, costs, and payouts from the estate. Before assets in the estate can be distributed to heirs according to the will (or intestate succession), the estate must first be probated. During probate, payment of the family allowance is done before anything else. The personal property allowance is also included in this category. A family allowance is only paid if there is a surviving spouse — or, if there is no surviving spouse, any surviving minor and dependent children. If there is no surviving spouse and there are no children who are minors or who were considered dependents, the family allowance is not paid.