§ 105. Surviving spouse's interest in homestead
If a person dies leaving a surviving spouse, his or her homestead to the value aforesaid shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally charged thereon in his or her lifetime; and the surviving spouse shall take the same estate therein of which her husband or his wife dies seised. The probate court in which the decedent's estate is pending shall set out such homestead to the surviving spouse. (Amended 1985, No. 144 (Adj. Sess.), § 1.)