§560:2-402 - Homestead allowance.
§560:2-402 Homestead allowance. A
decedent's surviving spouse or reciprocal beneficiary is entitled to a
homestead allowance of $15,000. If there is no surviving spouse or reciprocal
beneficiary, 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 against the estate. Homestead
allowance is in addition to any share passing to the surviving spouse or
reciprocal beneficiary or minor or dependent child by the will of the decedent,
unless otherwise provided, by intestate succession, or by way of elective
share. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
Rules of Court
Distribution, see HPR rule 90(a).