A spouse has the right to stay in the house for one year without paying rent. A surviving spouse has the right to purchase the house from the estate at its appraised value. In addition, the surviving spouse may take the house as a part of his or her intestate share and the family allowance. If for example, the spouse’s share of the estate was $100,000 and the house is worth, $60,000. The entire house can be taken by the spouse as a part of the $100,000 share.