§ 105. Surviving spouse’s interest in homestead If a person dies leaving a surviving spouse, the person’s homestead to the value provided in this chapter shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally charged on the homestead in the person’s lifetime, and the surviving spouse shall take the same estate in the homestead of which the surviving spouse’s husband or wife dies seised. The Probate Division of the Superior Court in which the decedent’s estate is pending shall set out the homestead to the surviving spouse.
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