§560:2-403  Exempt property.  In
addition to the homestead allowance, the decedent's surviving spouse or
reciprocal beneficiary is entitled from the estate to a value, not exceeding
$10,000 in excess of any security interests therein, in household furniture,
automobiles, furnishings, appliances, and personal effects.  If there is no
surviving spouse or reciprocal beneficiary, the decedent's children are
entitled jointly to the same value.  If encumbered chattels are selected and
the value in excess of security interests, plus that of other exempt property,
is less than $10,000 or if there is not $10,000 worth of exempt property in the
estate, the spouse, reciprocal beneficiary, or children are entitled to other
assets of the estate, if any, to the extent necessary to make up the $10,000
value.  Rights to exempt property and assets needed to make up a deficiency of
exempt property have priority over all claims against the estate, but the right
to any assets to make up a deficiency of exempt property abates as necessary to
permit earlier payment of homestead allowance and family allowance.  These
rights are in addition to any benefit or share passing to the surviving spouse,
reciprocal beneficiary, or children by the decedent's will, 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).