As amended through February 1, 2024
Rule 5.2 - FAMILY EXEMPTION, APPRAISAL AND ALLOWANCE PRIOR TO AUDIT(a) Personal property (1) The petitioner shall file a petition and thereupon shall give 20 days written notice of intention to request the exemption on a stated citation returnable date to the personal representative, if any, and to all persons adversely affected thereby who do not join in the prayer of the petition.(2) Where the exemption is claimed from personal property included in the inventory filed, the value of each item so claimed shall be that given in the inventory filed. Where the exemption is claimed from personal property forming part of a small estate and no inventory has been filed, the value of each item claimed shall be the fair value thereof.(b) Real property (1) The appraisers shall, within 30 days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such filing shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General. The notice shall contain a copy of the petition and the appraisal, and a statement that confirmation of the appraisal and the setting apart of the real estate to the petitioner will be requested and may be allowed by the Court at a stated Citation Returnable date, of which not less than 20 days notice is given therein, unless objections are filed. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court may direct.(2) If an appraisal of property is needed, the manner of appraising the property, of filing and confirming the appraisal, and of advertising or giving notice thereof shall be by special order in each case.(c) Unless otherwise directed by the Court, no appraisal shall be required if the exemption is claimed; (2) from personal property and the gross value of the estate does not exceed the amount of the exemption;(3) in real or personal property at valuations agreed upon by all interested parties.(d) When the personal representative at his own risk delivers assets of the estate in satisfaction of the exemption he shall set forth the same as a disbursement in his account under the subheading "Family Exemption". Such delivery may be the subject of objection by any claimant or interested parties.(e) In the absence of any objection, on presentation of a verified return of notice on the stated citation returnable date, an appropriate decree may be entered. Where all interested parties adversely affected have joined in the prayer of the petition and 20 days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.Amended effective 3/1/2021; amended effective 1/1/2024.