72-2-401. Renumbered 72-2-536
72-2-401. Renumbered 72-2-536. Code Commissioner, 1993.
72-2-402. Renumbered 72-2-535
72-2-402. Renumbered 72-2-535. Code Commissioner, 1993.
72-2-403. through 72-2-410 reserved
72-2-403 through 72-2-410 reserved.
72-2-411. Applicable law
72-2-411. Applicable law. This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent’s domicile at death. History: En. Sec. 56, Ch. 494, L. 1993.
72-2-412. Homestead allowance
72-2-412. Homestead allowance. A decedent’s surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance is […]
72-2-413. Exempt property
72-2-413. Exempt property. In addition to the homestead allowance, the decedent’s surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent’s children are entitled jointly to the same value. […]
72-2-414. Family allowance
72-2-414. Family allowance. (1) In addition to the right to 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 […]
72-2-415. Source, determination, and documentation
72-2-415. Source, determination, and documentation. (1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. […]