Here are the statutes:

15-11-403. Exempt property.

The decedent’s surviving spouse is entitled to exempt property from the
estate in the form of cash in the amount of or other property of the estate
in the value of twenty-six thousand dollars in excess of any security
interests therein. If there is no surviving spouse, the decedent’s
dependent children are entitled jointly to the same exempt property. Rights
to exempt property have priority over all claims against the estate, except
claims for the costs and expenses of administration, and reasonable funeral
and burial, interment, or cremation expenses, which shall be paid in the
priority and manner set forth in section 15-12-805. The right to exempt
property shall abate as necessary to permit payment of the family
allowance. These rights are in addition to any benefit or share passing to
the surviving spouse or dependent children by the decedent’s will, unless
otherwise provided, by intestate succession, or by way of elective-share.

15-11-404. Family allowance.

(1) In addition to the right to exempt property, the decedent’s surviving
spouse and minor children who the decedent was obligated to support and
children who were in fact being supported by the decedent are entitled to
a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for
longer than one year if the estate is inadequate to discharge allowed
claims. The allowance may be paid as a lump sum or in periodic
installments. It is payable to the surviving spouse, if living, for the
use of the surviving spouse and minor and dependent children; otherwise
to the children, or persons having their care and custody. If a minor
child or dependent child is not living with the surviving spouse, the
allowance may be made partially to the child or his or her guardian or
other person having the child’s care and custody, and partially to the
spouse, as their needs may appear. The family allowance is exempt from and
has priority over all claims except claims for the costs and expenses of
administration, and reasonable funeral and burial, interment, or
cremation expenses, which shall be paid in the priority and manner set
forth in section 15-12-805.

(2) The family allowance is not chargeable against any benefit or share
passing to the surviving spouse or children by the will of the decedent,
unless otherwise provided, by intestate succession, or by way of
elective-share. The death of any person entitled to a family allowance
terminates the right to receive an allowance for any period arising after
his or her death, but does not affect the right of his or her estate to
recover the unpaid allowance for periods prior to his or her death.

Source: L. 94: Entire part R&RE, p. 996, § 3, effective July 1, 1995.

Editor’s note: This section was contained in a part that was repealed and
reenacted in 1994. Provisions of this section, as it existed in 1994, are
similar to those contained in 15-11-403 as said section existed in 1993,
the year prior to the repeal and reenactment of this part.

Sincerely,

Bonnie S. Aborne.

We cannot give legal advice in a public forum. If you would like to set up an appointment to discuss your legal concerns, please give us a call.

Douglas Turner

Under what condition do the courts grant “Extraordinary fees” to a probatge attorney?

Are the Family Allowances deducted from the probate account before the attorney takes the California – assigned percentage fee?

If a house is appraised at $175,000 and sells for $130,000…. and mortgages subtracted were about $70K…
is it appropriate for the attorney to get have the remaining $60K? (The house was the only item in probate).

What happens to the $2,000 ramaining in excrow for the next year? heh! If I ask the attorney by phone he will deduct another $350 and let me guess.

Ok, the REAL question… can I get the executor removed for any reason during the last year of escrow time after the probate case is essentially closed? — The executor cashed the surviving spouse’s death benifit check from Social Security among other nicities.

If I ask the probate attorney to fire the executor or replace… they said the executor was their client… not us.
Is that true?

Our complaints to the probate court were returned “without reading”.

Thanks for your comments back.