Idaho State Statutes - Idaho Attorney Directory

(a) In addition to the right to a homestead
allowance and exempt property, the decedent's surviving spouse and minor
children whom 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 (1) 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 the child's 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 the homestead allowance, except as otherwise
provided.
(b) 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 in the will, or by intestate succession, or by way of
elective share. The death of any person entitled to family allowance
terminates the right to allowances not yet paid.

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