A decedent’s surviving spouse is entitled to a homestead allowance of $15,000 ($29,000 in 2020), adjusted for inflation. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to the same homestead allowance, divided by the number of the decedent’s minor and dependent children. The homestead allowance is in addition to any share passed to the surviving spouse or child by the last will and testament, intestate succession or elective share. The homestead allowance is exempt from and has priority over all claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses. The homestead allowance amount is adjusted for inflation and changes every year. Below is a table for homestead allowance amounts:
|Year of Passing||Homestead Allowance Value|
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*This article is meant for informational purposes only. Please recognize that nothing in this article constitutes legal advice. If you have any questions, comments, or seek legal assistance, please call one of the attorneys at Wakefield, Sutherland and Lubera, P.C.