Rule 90 Statutory Allowances

(a) Homestead Allowance and Exempt Property. Property subject to a claim for Homestead Allowance or Exempt Property shall be distributed by the personal representative without court order upon the submission of a claim for such allowances by an eligible person to the personal representative. The person or persons receiving the allowance or property shall sign a receipt therefor.

(b) Family Allowance. A family allowance aggregating no more than $18,000 shall be distributed by the personal representative without court order upon the submission of a claim therefor by an eligible person to the personal representative. Family allowances in excess of $18,000 in the aggregate shall be paid only upon court order after petition by the individual or individuals seeking the allowance, with notice to all interested persons including creditors who have filed unsatisfied claims against the estate. The personal representative is permitted to assist and use estate resources to prepare and pursue the petition for family allowance in cooperation with or on behalf of those entitled to it. The person or persons receiving a family allowance shall sign a receipt therefor.

(c) Elective Share. A petition for elective share shall be served upon all interested persons, including any recipient or beneficiary of property that may be included in the augmented estate. Any notice of hearing shall contain a statement notifying interested persons that they are required to file and serve, within 30 days from the date of service of the petition, a statement describing any property they received from the decedent within two years of the decedent's death, its value if known, and the date it was received. Within 30 days from the date of service of the petition, any recipient of property that may be included in the augmented estate shall file and serve upon all interested parties a statement setting forth a description of the property, its value if known, and the date it was received. A flag sheet shall be presented pursuant to Rule 81 for any hearing on a petition for elective share.