14-2405. Homestead; exempt property and allowances; restriction; source; determination; documentation

A. If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child.

B. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property.

C. The personal representative may determine the family allowance in a lump sum that does not exceed twelve thousand dollars or in periodic installments that do not exceed one thousand dollars per month for one year, and may disburse monies of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.

D. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief including a family allowance other than one that the personal representative determined or could have determined.