Current through Register Vol. 54, No. 24, June 15, 2024
Rule 5.2 - Family Exemption(a)Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, a petition for a family exemption shall set forth the following:(1) facts establishing a prima facie right of the petitioner to the exemption;(2) whether allowance of the claim is being requested prior to the confirmation or audit of the Account;(3) a description of the property claimed; and(4) if the exemption is claimed from real estate and a valuation has not been agreed upon by all interested parties, the nomination of two appraisers for appointment by the court to appraise the same.(b)Exhibits. A copy of the qualifications and credentials of the two appraisers nominated in the petition for appointment by the court shall be attached to the petition as exhibits.(c)Award by Consent. The court may, at the request of the petitioner, award in distribution specific real estate included in the Account in satisfaction of, or on account of, the family exemption without compliance with the procedure outlined in subparagraphs (a) and (b) of this Rule if all interested parties agree in writing that the petitioner is entitled to the family exemption and to the valuation at which such real estate is to be awarded. Note: Rule 5.2 is based upon former Rule 12.1.