Homestead Allowance

Homestead Allowance. A surviving spouse of a decedent who was domiciled in the Northern Mariana Islands is entitled to a homestead allowance of $5,000. If there is no surviving spouse, each minor child of and each dependent child of the decedent is entitled to a homestead allowance amount 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. The homestead allowance shall override any provision in the will of the decedent to the contrary unless the court finds that the will expressly provides an adequate substitute for the loss of the homestead allowance; otherwise the homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent or by intestate succession. Source: PL 3-106, ch. 6, § 2.