Keep me logged in until I sign out. Depending on the state, a surviving spouse may have the protection of homestead laws, exempt property laws, and family allowance laws. Typically, these protections are in addition to whatever the spouse receives under the will, the elective share that the spouse can choose to take under the will, or the statutory share that he or she receives if there is no will.
Homestead laws protect certain property from the deceased spouse's creditors.
Typically, they permit the surviving spouse to shelter a certain value of the family home and some personal property from creditors. In some states, the homestead exemption protects a statutorily specified sum of money from creditors, rather than the deceased's real or personal property. As a general rule, the protection is temporary, extending to the lifetime of the surviving spouse or until any minor children reach legal adulthood. However, in a few states, homestead laws permanently shelter specified property from creditors of the deceased. Family allowance laws make probate less of a burden on family members.