Section PRP.04.48 — Homestead Allowance

A surviving spouse of a decedent who was domiciled on the reservation is entitled to a homestead allowance of $5,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $5,000 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided by intestate succession or by way of elective share.