Surviving Spouse and Child Awards

One of the concerns many people have about probate is that it will prevent close family members from accessing the decedent's property for an extended period of time.  For example, if a married man with two small children dies owning only probate property, what will his wife and kids live on during the probate period?

An answer can be found in the form of awards for the surviving spouse and minor and dependent adult children, set forth in Article XV of the Illinois Probate Act.  The awards allow a surviving spouse to receive "a sum of money that the court deems reasonable for the proper support of the surviving spouse for the period of 9 months after the death of the decedent." The term "proper support" takes into account the surviving spouse's standard of living and the size of the estate.  The minimum award for a surviving spouse is $10,000.

Similar awards may be made to the surviving spouse for the benefit of any minor and dependent children of the decedent living with such spouse.  In cases where the minor and dependent children of the decedent don't live with the surviving spouse (or where there is no surviving spouse), awards may be made for the benefit of the child "to such person as the court directs."

These awards can be obtained by filing a petition with the court probating the decedent's estate.

Comments

[Michele]

If there wasn't enough money in the estate to pay the surviving spouse or child's award, do you think that real estate left to other beneficiaries must be sold to satisfy the award?