Idaho State Statutes - Idaho Attorney Directory

SOURCE -- DETERMINATION -- DOCUMENTATION -- MISCELLANEOUS
PROVISIONS. If the estate is otherwise sufficient, property specifically
devised may not be used to satisfy rights to the homestead allowance, family
allowance or, exempt property. Subject to this restriction, the surviving
spouse, the guardians of the minor children, or children who are adults may
select property of the estate as homestead allowance, family allowance, or
exempt property. The personal representative may make these 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. The personal representative may execute an instrument to
establish the homestead allowance, family allowance, or exempt property. The
personal representative may determine the family allowance in a lump sum not
exceeding eighteen thousand dollars ($18,000) or periodic installments not
exceeding one thousand five hundred dollars ($1,500) per month for one (1)
year, and may disburse funds of the estate in payment of the family allowance
and any part of the homestead allowance payable in cash. The personal
representative or any interested person aggrieved by any selection,
determination, payment, proposed payment, or failure to act under this section
may petition the court for appropriate relief, which may include a family
allowance other than that which the personal representative determined or
could have determined. Despite any language to the contrary in this chapter,
the homestead allowance, family allowance, and exempt property are not
mandatory automatic allowances, but rather must be applied for by the
surviving spouse and/or children, as appropriate, as set forth in this title.
Even though these allowances and the right to apply for exempt property are
not claims against estates, the manner of and time period for applying for
these allowances or the exempt property shall be the same as set forth in
sections 15-3-801, 15-3-803 and 15-3-804, Idaho Code; provided however, that
the personal representative shall not be required to give actual notice to a
surviving spouse or a minor or dependent child of the right to apply for these
allowances or the exempt property, and provided further that any notice
actually given by the personal representative does not need to make any
additional or special reference to an application by the surviving spouse or
dependent or minor children also being barred if not submitted within the time
period set forth in the notice. Also, the personal representative shall not be
liable to the surviving spouse, minor or dependent child, any creditor, or any
other successor to the estate in the same manner as provided in section
15-3-801(c), Idaho Code, as a result of giving or failing to give notice. The
homestead allowance, family allowance, and exempt property may not be enforced
or applied for on behalf of a surviving spouse or a minor or dependent or
adult child of the decedent by a creditor of the surviving spouse or a minor
or dependent or adult child of the decedent, or by any person or entity
claiming by, through, or because of the surviving spouse or minor or dependent
or adult child of the decedent. Despite any language to the contrary in other
sections of this chapter, the homestead allowance, family allowance, and
exempt property do not take precedence over reasonable administrative costs
and expenses of the estate of the decedent.

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