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State Statutes - Idaho - Title 15 - Chapter 2 - 15-2-403
Idaho Statutes
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15-2-403 - EXEMPT PROPERTY
In addition to any homestead allowance, the
decedent's surviving spouse is entitled from the estate to value, not
exceeding ten thousand dollars ($10,000) in excess of any security interests
therein, in household furniture, automobiles, furnishings, appliances and
personal effects. If there is no surviving spouse, the decedent's children are
entitled jointly to the same value unless the decedent's will provides
otherwise. If encumbered chattels are selected and if the value in excess of
security interests, plus that of other exempt property, is less than ten
thousand dollars ($10,000), or if there is not ten thousand dollars ($10,000)
worth of exempt property in the estate, the spouse or children are entitled to
other assets of the estate, if any, to the extent necessary to make up the ten
thousand dollar ($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, except that the right to any assets to make up a
deficiency of exempt property shall abate as necessary to permit prior payment
of homestead allowance and family allowance, and except as otherwise provided.
These rights are in addition to any benefit or share passing to the surviving
spouse or children by the will of the decedent (unless otherwise provided in
the will), or by intestate succession, or by way of elective share.
 
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