§ 286. Family Allowance to Surviving Spouses, Minors, and Adult Incapacitated Children
286. Family Allowance to Surviving Spouses, Minors, and Adult Incapacitated Children
(a) Unless an affidavit is filed under Subsection (b) of this section, immediately after the inventory, appraisement, and list of claims have been approved or the affidavit in lieu of the inventory, appraisement, and list of claims has been filed, the court shall fix a family allowance for the support of the surviving spouse, minor children, and adult incapacitated children of the deceased.
(b) Before the approval of the inventory, appraisement, and list of claims or, if applicable, before the filing of the affidavit in lieu of the inventory, appraisement, and list of claims, a surviving spouse or any person who is authorized to act on behalf of minor children or adult incapacitated children of the deceased may apply to the court to have the court fix the family allowance by filing an application and a verified affidavit describing the amount necessary for the maintenance of the surviving spouse, minor children, and adult incapacitated children for one year after the date of the death of the decedent and describing the spouse's separate property and any property that minor children or adult incapacitated children have in their own right. The applicant bears the burden of proof by a preponderance of the evidence at any hearing on the application. The court shall fix a family allowance for the support of the surviving spouse, minor children, and adult incapacitated children of the deceased.