75-2-402 - Homestead allowance.
75-2-402. Homestead allowance.
A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there isno surviving spouse, each minor child and each dependent child of the decedent is entitled to ahomestead allowance amounting to $22,500 divided by the number of minor and dependentchildren of the decedent. The homestead allowance is exempt from and has priority over allclaims of the estate. Unless otherwise provided by the will or governing instrument, thehomestead allowance is chargeable against any benefit or share passing to the surviving spouse,minor, or dependent child, by the will of the decedent, by intestate succession, by way of electiveshare, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206.
Amended by Chapter 93, 2010 General Session