In addition to the homestead allowance, the decedent’s surviving spouse or surviving domestic partner is entitled from the estate to a value, not exceeding $10,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse or surviving domestic partner, the decedent’s surviving children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse, domestic partner, or children are entitled to other assets of the estate, if any, except for real property, to the extent necessary to make up the $10,000 value. Rights to exempt property have priority over all claims against the estate, except the homestead allowance, the family allowance, and as provided in section 20-906 . These rights are in addition to any benefit or share passing to the surviving spouse, surviving domestic partner, or surviving children by the decedent’s will, unless otherwise provided by intestate succession or by way of elective share.
(Apr. 27, 2001, D.C. Law 13-292, § 801(c), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(d), 53 DCR 1035.)
Section ReferencesThis section is referenced in § 19-1305.05 and § 20-906.
Effect of AmendmentsD.C. Law 16-79 rewrote section, which had read as follows: “In addition to the homestead allowance, the decedent’s surviving spouse is entitled from the estate to a value, not exceeding $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 surviving children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, except for real property, to the extent necessary to make up the $10,000 value. Rights to exempt property have priority over all claims against the estate, except the homestead allowance, the family allowance, and as provided in section 20-906. These rights are in addition to any benefit or share passing to the surviving spouse or surviving children by the decedent’s will, unless otherwise provided by intestate succession or by way of elective share.”