633.239 - SHARE TO EMBRACE HOMESTEAD.
633.239 SHARE TO EMBRACE HOMESTEAD. The share of the surviving spouse in such real estate shall be set off in such manner as to include the homestead, or so much thereof as will be equal to the share allotted to the spouse pursuant to section 633.238 unless the spouse prefers a different arrangement, but no such different arrangement shall be allowed unless there is sufficient property remaining to pay the claims and charges against the decedent's estate.
Section History: Early Form [C51, § 1395; R60, § 2426; C73, § 2441; C97, § 3367; C24, 27, 31, 35, 39, § 11992; C46, 50, 54, 58, 62, § 636.7; C66, 71, 73, 75, 77, 79, 81, § 633.239]
Section History: Recent Form 2005 Acts, ch 38, §15 Referred to in § 633.236, 633.237