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State Statutes
- Idaho
- Title 15
- Chapter 2
- 15-2-403
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| 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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