PART 4. EXEMPT PROPERTY AND ALLOWANCES
GENERAL COMMENT Uniform Probate Code
GENERAL COMMENT Uniform Probate Code
131
surviving spouse, all of the allowances described in this part, which (as revised to adjust for
inflation) total $25,000, plus whatever is allowed to the spouse for support during administration,
normally pass to the spouse. If the surviving spouse and minor or dependent children live apart
from one another, the minor or dependent children may receive some of the support allowance.
If there is no surviving spouse, minor or dependent children become entitled to the homestead
exemption of $15,000 and to support allowances. The exempt property section confers rights on
the spouse, if any, or on all children, to $10,000 in certain chattels, or funds if the unencumbered
value of chattels is below the $10,000 level. This provision is designed in part to relieve a
personal representative of the duty to sell household chattels when there are children who will
have them.
These family protection provisions supply the basis for the important small estate provisions of Article III, Part 12.
States adopting the Code may see fit to alter the dollar amounts suggested in these sections, or to vary the terms and conditions in other ways so as to accommodate existing traditions. Although creditors of estates would be aided somewhat if all family exemption provisions relating to probate estates were the same throughout the country, there is probably less need for uniformity of law regarding these provisions than for any of the other parts of this article. Still, it is quite important for all states to limit their homestead, support allowance and exempt property provisions, if any, so that they apply only to estates of decedents who were domiciliaries of the state.
Cross Reference. Notice that under Section 2-104 a spouse or child claiming under this part must survive the decedent by 120 hours.
SECTION 2-401. APPLICABLE LAW. This [part] applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent’s domicile at death.
These family protection provisions supply the basis for the important small estate provisions of Article III, Part 12.
States adopting the Code may see fit to alter the dollar amounts suggested in these sections, or to vary the terms and conditions in other ways so as to accommodate existing traditions. Although creditors of estates would be aided somewhat if all family exemption provisions relating to probate estates were the same throughout the country, there is probably less need for uniformity of law regarding these provisions than for any of the other parts of this article. Still, it is quite important for all states to limit their homestead, support allowance and exempt property provisions, if any, so that they apply only to estates of decedents who were domiciliaries of the state.
Cross Reference. Notice that under Section 2-104 a spouse or child claiming under this part must survive the decedent by 120 hours.
SECTION 2-401. APPLICABLE LAW. This [part] applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent’s domicile at death.
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