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Many states don't count certain property when they set out small estates limits. There are three common kinds of property that is excluded in this way. The amounts each states' laws set for each kind of excluded property differs, but the concept is similar.

A "homestead" is the name for legal protections that states offer to a  certain amount of equity in a person's primary residence. This differs from state to state, but the basic idea is that a person's homestead property is protected for their spouse and children and, in some states, safe from creditors.

Exempt property refers to property that is set aside to be safe from creditors.

Family Allowance, like it sounds, is property (cash and belongings) that are set aside to be available to a surviving spouse and minor children so that they have resources to live on before the probate is completed.

Learn More with AI: 

In probate law in Texas, what protections from creditors claims are afforded by such things as "homestead" and "family allowance?"  
Are there allowances or exclusions in the small estate limits for "homestead" or  a "family allowance". Please provide references and citations to Texas law.
And are these limits adjusted for inflation? if so, please provide the current amounts and links to where the current amounts are published.

Try this prompt on:
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Generated by Gemini, March 26, 2024

Texas probate law does indeed offer allowances and exclusions for homesteads and family allowances when determining the value of an estate for small estate procedures. Here's a breakdown with references:

Homestead Exemption:

  • The value of the decedent's homestead is exempt from the estate value for purposes of the small estate affidavit if the homestead is used for the benefit of the surviving spouse and minor children. ([Texas Property Code §42.002(a)(1)])

Family Allowance:

  • While not automatically excluded from the estate value, a family allowance for the surviving spouse and minor children is a possibility in Texas probate. However, the allowance itself is not included in the calculation of the estate's total value for the small estate affidavit as long as it's considered reasonable. ([Texas Estates Code §205.003])

References:

  • Texas Property Code: [Texas Property Code ON Texas.gov] (§42.002(a)(1))
  • Texas Estates Code: [Texas Estates Code ON Texas.gov] (§205.003)

Additional Notes:

    • The small estate affidavit option in Texas is available for estates valued at less than $75,000 and with no will left by the deceased.
    • It's crucial to understand that these are general guidelines. Consulting with a Texas probate attorney is highly recommended for navigating the specifics of your situation and ensuring you qualify for the small estate process.
Generated by Perplexity, March 26 2024
In probate law in Texas, there are allowances and exclusions related to "homestead" and a "family allowance" within the small estate limits. According to the Texas Estates Code, a family allowance is an amount payable from the decedent's estate for the maintenance of the surviving spouse, minor children, and adult incapacitated children for one year after the decedent's death
. The family allowance is meant to provide financial support to these family members during the probate process. Additionally, the surviving spouse may apply for a family allowance before the inventory, appraisement, and list of claims of an estate are approved by filing an application and a verified affidavit
.Regarding homestead protections, under Texas law, the homestead and up to $100,000 in personal property specified are exempt from most creditor claims if the decedent is survived by a spouse, minor child, or adult child living in the home
. The homestead is set aside for use by minor children of the deceased and the surviving spouse, providing them with certain rights including exclusive occupancy of the home for as long as desired by the surviving spouse
.These provisions ensure that certain assets like homesteads and personal property are protected from creditors and that family members receive necessary financial support during probate proceedings in Texas.
 
 

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Jurisdictional relevance: ST

There are versions of this article for each State.