what a surviving spouse and or children are eligible to receive is based on what a court decides or what is stated in a state statute the requirements differ from social security which determines eligibility based on a loved one s work history 
there is a timeline that a surviving spouse and or children must follow a ticking clock that limits when the allowance may be claimed there also may be a fee to file a claim for a spousal allowance as well as a fee for each asset listed on the claim form this varies from state to state valuing each asset is part of the process and only certain property may be counted real property homes land etc is not eligible for a spousal allowance but personal property vehicles bank accounts etc is the allowance varies state by state and has changed over the years for example the spousal allowance in north carolina is 60 000 as of january 1 2019 for eligible children the allowance is 10 000 if their loved one dies on or after march 1 2024 it was previously 5 000 2check with a local attorney to confirm 