Rule 12.2. Allowance to surviving spouse of intestate.

 (a)  When no account is filed and all or part of the spouse’s statutory allowance is claimed from real estate, the claim shall be presented by petition, which shall set forth

   (1)  facts establishing a prima facie right of the spouse to the allowance;

   (2)  a description of the real estate; and

   (3)  a request for the appointment of two appraisers to appraise the real estate.

 (b)  The manner of appraising the property, of filing and confirming the appraisal, and of advertising or giving notice thereof shall be prescribed by local rules.

 (c)  The court may, at the request of the surviving spouse, award specific real estate in satisfaction of, or on account of, the spouse’s statutory allowance without compliance with the procedure outlined in subparagraphs (a) and (b) of this rule if all parties in interest agree in writing that the surviving spouse is entitled to the allowance and to the valuation at which such real estate is to be awarded.

   Official Note

   Deletion of specific reference to the former statutory allowance of $10,000.00 increased to $20,000.00 allows greater flexibility. The rules would not have to be amended in the future if the statutory amount should be increased. With the broader language employed there is no longer any need to refer to the specific statutory provisions.  As amended, the rule recognizes the present practice of making the award of real estate in satisfaction of the spouse’s allowance a part of the distribution decree when a court accounting is filed. While this rule will be employed only in a minimum of instances for the foregoing reason and also because of the availability of Section 3546 of the Probate, Estates and Fiduciaries Code, it, nevertheless, is considered advisable to preserve it in its altered form as a guide when it is to be employed.