14-2402. Homestead allowance

A. A decedent's surviving spouse is entitled to a homestead allowance of eighteen thousand dollars. If there is no surviving spouse each minor child and each dependent child of the decedent are entitled to a homestead allowance of eighteen thousand dollars divided by the number of minor and dependent children of the decedent.

B. The homestead allowance is exempt from and has priority over all claims against the estate, except expenses of administration.

C. The homestead allowance is chargeable against any benefit or share that passes to the surviving spouse or minor or dependent child by the decedent's will, by nonprobate transfer pursuant to section 14-6102 or by intestate succession, unless it is otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer. To determine the homestead allowance under this section, a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer pursuant to section 14-6102.

14-2402. Homestead allowance

A. A decedent's surviving spouse is entitled to a homestead allowance of eighteen thousand dollars. If there is no surviving spouse each minor child and each dependent child of the decedent are entitled to a homestead allowance of eighteen thousand dollars divided by the number of minor and dependent children of the decedent.

B. The homestead allowance is exempt from and has priority over all claims against the estate, except expenses of administration.

C. The homestead allowance is chargeable against any benefit or share that passes to the surviving spouse or minor or dependent child by the decedent's will, by nonprobate transfer pursuant to section 14-6102 or by intestate succession, unless it is otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer. To determine the homestead allowance under this section, a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer pursuant to section 14-6102.