RULE 5.406.   PROCEEDINGS TO DETERMINE EXEMPT PROPERTY

(a)    Petition. An interested person may file a petition to determine exempt property within the time allowed by law.

(b)    Contents. The petition shall be verified by the petitioner and shall:

(1)    describe the property and the basis on which it is claimed as exempt property; and

(2)    state the name and address of the decedent’s surviving spouse or, if none, the names and addresses of decedent’s children entitled by law to the exempt property and the year of birth of those who are minors.

(c)    Order. The court shall determine each item of exempt property and its value, if necessary to determine its exempt status, and order the surrender of that property to the persons entitled to it.


Last Modified on Rules.Legal: