§ 560-2-402

§560:2-402 Homestead allowance. A decedent's surviving spouse or reciprocal beneficiary shall be entitled to a homestead allowance of $30,000. If there is no surviving spouse or reciprocal beneficiary, each minor child and each dependent child of the decedent shall be entitled to a homestead allowance amounting to $30,000 divided by the number of minor and dependent children of the decedent. The homestead allowance shall be exempt from and has priority over all claims against the estate. The homestead allowance shall be 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; am L 2023, c 158, §22 Rules of Court Distribution, see HPR rule 90(a).