If a person dies leaving a surviving spouse, his or her homestead to the value aforesaid shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally charged thereon in his or her lifetime; and the surviving spouse shall take the same estate therein of which the surviving spouses's husband or wife dies seised. The probate division of the superior court in which the decedent's estate is pending shall set out such homestead to the surviving spouse. (Amended 1985, No. 144 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)