# What Is a Widow's Allowance, and How Does It Work?

![A worried looking widow sits at a tabel in their home reviewing their finances.](https://www.investopedia.com/thmb/R0X8z5EBvXbEczktAfYZoGws2p0=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/WidowsAllowance-ea4bf559f1b24de5b508dc4b6c946f23.jpg)

*— Halfpoint Images / Getty Images*

> **Definition**
>
> A widow's allowance refers to money paid to a surviving spouse from the estate of a deceased individual to meet their immediate needs.

## What Is a Widow's Allowance?

A widow’s allowance is a form of financial support provided to a surviving spouse from the estate of their loved one to meet their immediate needs. A state statute or [probate](https://www.investopedia.com/terms/p/probate.asp) court determines the amount of the allowance, which is set aside to protect the surviving partner and family from financial hardship during the administration of the deceased's estate. The relevant jurisdiction may have an established limit dictating the length of time during which these benefits can be disbursed.

### Key Takeaways

*   A widow’s allowance is money given to a surviving spouse after the death of their loved one to meet their immediate financial needs.
*   A probate court or state statute determines the allowance amount.
*   The disbursement of the allowance may be time-limited.
*   A widow's allowance differs from a widow’s pension, which is a recurring benefit paid to a surviving spouse from Social Security or a VA survivor's pension.  
    

## Determining the Allowance Amount

The amount of a widow's allowance is either fixed by state statute or determined by the court based on the deceased person's estate. The amount decided by the court is typically proportional to the size of the estate.

The allowance is likely to be higher if the deceased person was wealthy and left behind a large estate than if the size of the estate is modest. The amount of this allowance may also be impacted by the age and dependency status of any children the couple may have.

For those with a fixed amount, the allowance varies by state. For example, the spousal allowance in North Carolina is $60,000, as of January 1, 2019. For eligible children, the allowance is $10,000 if their loved one dies on or after March 1, 2024. (It was previously $5,000.) Check with a local attorney to confirm.

> **Fast Fact**
>
> A widow's allowance, also known as a widower's allowance or a spousal allowance, is time-limited, unlike a recurring survivor's benefits.

## Eligibility

What a surviving spouse is eligible to receive is based on state laws or what a court decides. Surviving children may also receive an allowance. Keep in mind that the requirements differ from [Social Security](https://www.investopedia.com/personal-finance/social-security-survivor-benefits-work/), which determines eligibility based on a loved one's work history.  

There is a timeline that a surviving spouse and/or children must follow, a ticking clock that limits when the allowance may be claimed. In some states, the surviving spouse has up to a year after the decedent's death to make a claim. There also may be a fee to file a claim for a spousal allowance, as well as a fee for each asset listed on the claim form. This varies from state to state.

Valuing each asset is part of the process, and only certain types of property may be counted. This means that [real property](https://www.investopedia.com/terms/r/real-property.asp), such as homes, land, etc., are not eligible for a spousal allowance. [Personal property](https://www.investopedia.com/terms/p/personalproperty.asp) like vehicles and bank accounts do qualify.  

## How Is a Widow's Allowance Different from a Widow’s Pension?

A widow's allowance is time-limited while a widow’s pension is a recurring survivor's benefit that a surviving spouse may be entitled to receive as a beneficiary of a [pension plan](https://www.investopedia.com/terms/p/pensionplan.asp), retirement account, Social Security, or VA survivor's pension. The criteria for qualifying for these benefits varies and is usually spelled out in the written documentation and policies dictated in the program terms and guidelines. The formula to determine the amount of these allowance payments will also be dictated by the program.

## Can I Claim Both Retirement and Survivor's Benefits?

Yes. However, do note that a spousal allowance is not a survivor's benefit. A widow's allowance, widower's allowance, or spousal allowance is intended to fill a short-term gap, whereas a survivor's benefit, as determined by Social Security, supports a surviving family member long term. Claiming retirement is both different and compatible with claiming survivor's benefits. You can do both.

## How Is a Widow's Allowance Different from a Will?

A widow's allowance is determined by court or state statute, whereas [a will](https://www.investopedia.com/terms/w/will.asp) is determined by an individual's own preferences, as stated in a legal document. Though the actual benefits—that is, what a spouse receives when a loved one dies—may be similar, the difference is how the benefits are determined: who decided them, and when.

## The Bottom Line

A widow's allowance is a benefit of money and/or property distributed to a surviving spouse and/or children when a loved one dies. Unlike a will or Social Security benefits, it is determined by a state statute or by a court. It is designed to support a family in the short term during a difficult time.

> **Article Sources**
>
> 1.  Marquette Law School Scholarly Commons. "[Taxation: Widow's Allowance and the Internal Revenue Code](https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2372&context=mulr)." Page 193.
>     
> 2.  North Carolina General Assembly. "[NC General Statutes - Chapter 30 Article 4](https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_30/Article_4.pdf)." Pages 1-2.
>     
> 3.  Bieber & Czechowski. "[Providing for the Family After a Death](https://www.bcbestlawfirm.com/estate-planning-probate/widows-widowers-allowance/)."
>     
> 4.  Social Security Administration. "[Survivor Benefits](https://www.ssa.gov/survivor)."
>     
> 5.  Stott Hollowell. "[What Is a Spousal Allowance?](https://shws.law/what-is-a-spousal-allowance/)"