Page:United States Statutes at Large Volume 76A.djvu/700

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–604–

-604§ 1522. Surviving spouse's right to $500 from bank deposits; affidavit Whether a person dies testate or intestate, and irrespective of the character of his or her property, the spouse of the decedent, if entitled by succession or by the last will and testament of the decedent to any money of the decedent on deposit in a bank, may collect the money, not to exceed the total sum of $500, without procuring letters testamentary or of administration, upon furnishing the bank with an affidavit showing the right of the affiant to receive the money. § 1523. Affidavit of right; effect of receipt The receipt of the affiant as provided by section 1522 of this title constitutes sufficient acquittance for any payment of money or delivery of property made pursuant to this subchapter and discharges the person, representative, corporation, officer or body so paying or delivering it from any further liability with reference thereto, without the necessity of inquiring into the truth of the facts stated in the affidavit. But the payment or transfer does not preclude administration when necessary to enforce payment of the decedent's debts. § 1524. Same; claim against estate in probate; procedure If the money or property claimed pursuant to this subchapter is that of a deceased heir or legatee of a person whose estate is m probate, the personal representative of the person whose estate is in probate shall first present the affidavit to the division of the court in which the estate is being probated and the court shall direct him to pay the money or deliver the property to the affiant or affiants to the extent that the decree of distribution determines that the heir or legatee was entitled thereto under the will or the laws of succession. Subchapter II—Setting Aside Estates Not Exceeding $3,000 in Value § 1541. Authority to set aside estate When a decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances at the date of death and not including the property excepted from administration pursuant to section 622 of this title, does not exceed the sum of $3,000, it may be set aside to the surviving spouse, if there is one, and if there is none, then to the minor child or minor children of the decedent. § 1542. Petition to set aside estate; allegations; time; verification; contents (a) Allegations showing that this subchapter is applicable, together with a prayer that the estate be set aside as provided in this subchapter, may be included alternatively in the petition for probate of the will or for letters of administration; or the allegations and prayer may be presented by a separate petition filed in the court by the personal representative of the decedent, or the surviving spouse, or the guardian of the minor child or minor children, filed at any time before the hearing on the petition for probate of the will or for letters of administration, or after the filing of the inventory. (b) The petition for probate of the will or for letters of administration, in which the allegations and prayer are included alternatively, as provided by subsection (a) of this section, or a separate petition, as therein provided, shall be verified; and the allegations shall include a specific description, and an estimate of the value, of all the decedent's property, a list of liens and encumbrances at the date of death, and a designation of property excepted from administration pursuant to section 522 of this title.