Funeral and Family Allowances
Funeral Allowance
Under Maryland law, a personal representative may reimburse out-of-pocket payments for funeral expenses. “Funeral expenses,” includes a funeral, a burial, a cremation, a disposition of the decedent's remains, a memorial, a memorial service, food and beverages related to bringing together the decedent's family and friends for a wake or prefuneral or post funeral gathering or meal, and any other reasonable expenses authorized by the decedent's will, if there is one.
In any estate, a personal representative may reimburse these expenses from the estate up to $15,000 without court approval.
A personal representative may reimburse these expenses in any amount they deem appropriate without court order in (1) a testate estate in which the Last Will and Testament expressly permits a personal representative to pay the expenses without court approval (often referred to as a “funeral clause”) or (2) in an estate that is proceeding under Modified Administration.
The maximum allowance has changed over time, so for a decedent dying on or before 9/30/2015, please consult the table below:
| TIME FRAME | FUNERAL ALLOWANCE |
|---|---|
| 10/1/15 to Current | $15,000 (No limit on Modified Estates) |
| 10/1/12 to 9/30/15 | $10,000 |
| 10/1/05 to 9/30/12 | Small Estate $5,000 Regular Estate $10,000 |
| 1/1/98 to 9/30/05 | $5,000 |
| 7/1/91 to 12/31/97 | $3,500 |
| 7/1/88 to 6/30/91 | $2,500 |
| 7/1/83 to 6/30/88 | $1,800 |
| 7/1/71 to 6/30/83 | $1,200 |
| Prior to 7/1/71 | $500 |
Family Allowances
Under Maryland law, a surviving spouse, surviving registered domestic partner*, and surviving unmarried minor child** is entitled to a family allowance from an estate for personal use.***
Under current law, the family allowance for a surviving spouse or surviving registered domestic partner is $10,000. The allowance for an unmarried minor child is $5,000.
The family allowance has changed over time, so for a decedent dying on or before 9/30/2012, please consult the table below:
| TIME FRAME | SPOUSAL ALLOWANCE | MINOR CHILD ALLOWANCE |
|---|---|---|
| 10/1/2023 to Current | $10,000 to surviving spouse or registered domestic partner | $5,000 to each minor child |
| 10/1/2013 to 9/30/2023 | $10,000 to surviving spouse | $5,000 to each minor child |
| 7/1/1991 to 9/30/2013 | $5,000 to surviving spouse | $2,500 to each minor child |
| 7/1/1981 to 6/30/1991 | $2,000 to surviving spouse | $1,000 to each minor child |
| 1/1/1970 to 6/30/1981 | $1,000 to surviving spouse | $500 to each minor child |
| Prior to 1/1/1970 | $500 to surviving spouse | $1,000 to spouse with minor children |
* For decedents dying on or after 10/1/2023, a surviving registered domestic partner is treated the same as a surviving spouse in terms of their entitlement to a family allowance.Return to Top
** Prior to 7/1/1973, a minor’s age was 21. Thereafter a minor’s age was 18.
*** The family allowance is in addition to property passing under the terms of a Last Will and Testament or by the laws of intestacy.