§ 33-10-3 - Allowances for temporary support of family.
SECTION 33-10-3
§ 33-10-3 Allowances for temporary supportof family. – The probate court shall make reasonable allowance out of the estate of thedeceased for the support of his or her family, until the support can otherwisebe provided for, for a period not exceeding six (6) months from the date of thedeath, having regard to the situation of the family and the value andcircumstances of the estate. The allowance may be fixed at any time uponapplication of the executor or administrator or of any party in interest, filedwithin six (6) months after the first publication of notice of thequalification of the executor or administrator. The court may, in itsdiscretion, provided a final account has not been allowed, make an additionalallowance under like conditions for the support of the family for a secondperiod not exceeding six (6) months, the allowance to be fixed at any timeafter the first six (6) months period has passed and within one year after thefirst publication of notice of the qualification of the executor oradministrator upon his or her application, or upon the application of any partyin interest. After exhausting the personal property, real estate may be sold toprovide the amount of allowance decreed in the same manner as for the paymentof debts. An appeal from a decree granting letters testamentary or ofadministration shall not prevent the allowance being made by the probate courtor the payment thereof. An appeal from a decree making any allowance shall notprevent the payment of the allowance if a bond in such amount as may be fixedby the court but no less than the amount of the allowance be given to the courtby a widow or widower, if any, or by a guardian of the minor children in casethere be no widow or widower, with surety or sureties approved by the court,and conditioned to repay all in excess of what is finally determined to be areasonable allowance or to return all of the allowance in case the decreegranting the allowance is finally reversed in the full amount. The bondrequired by the provisions of this section and the remedies thereon shall begoverned by the provisions of chapter 17 of this title as far as the contextthereof permits.