75-2-402. Homestead allowance.
A decedent's surviving spouse is entitled to a homestead allowance of $15,000. If there is
no surviving spouse, each minor child and each dependent child of the decedent is entitled to a
homestead allowance amounting to $15,000 divided by the number of minor and dependent
children of the decedent. The homestead allowance is exempt from and has priority over all
claims of the estate. Unless otherwise provided by the will or governing instrument, the
homestead 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 elective
share, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206.
Repealed and Re-enacted by Chapter 39, 1998 General Session
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Last revised: Thursday, May 28, 2009