Section 6540 Of Chapter 4. Family Allowance From California Probate Code >> Division 6. >> Part 3. >> Chapter 4.
6540
. (a) The following are entitled to such reasonable family
allowance out of the estate as is necessary for their maintenance
according to their circumstances during administration of the estate:
(1) The surviving spouse of the decedent.
(2) Minor children of the decedent.
(3) Adult children of the decedent who are physically or mentally
incapacitated from earning a living and were actually dependent in
whole or in part upon the decedent for support.
(b) The following may be given such reasonable family allowance
out of the estate as the court in its discretion determines is
necessary for their maintenance according to their circumstances
during administration of the estate:
(1) Other adult children of the decedent who were actually
dependent in whole or in part upon the decedent for support.
(2) A parent of the decedent who was actually dependent in whole
or in part upon the decedent for support.
(c) If a person otherwise eligible for family allowance has a
reasonable maintenance from other sources and there are one or more
other persons entitled to a family allowance, the family allowance
shall be granted only to those who do not have a reasonable
maintenance from other sources.