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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
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6-10-97
Section 6-10-97 Reduced homestead incapable of allotment - Sale - Proceedings when no bid in
excess of $6,000 received. (a) If, at such sale or any subsequent sale, no bid in excess of
$6,000 is received, the representative must report that fact to the court; and thereupon the
court must make an order directing the report to lie over 30 days, during which time any person
interested in the sale may file written exceptions attacking the fairness of the sale, stating
the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed
to hear the same, 10 days' notice thereof given and other proceedings had as provided in this
division for the hearing of exceptions to a report allotting homestead, so far as such provisions
are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the
evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness
in the conduct of the sale or to fraud or collusion thereat, an...
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43-2-830
death of a person, decedent's real property devolves to the persons to whom it is devised by
decedent's last will or to those indicated as substitutes for them in cases involving lapse,
renunciation, or other circumstances affecting the devolution of a testate estate, or in the
absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes
for them in cases involving renunciation or other circumstances affecting devolution of intestate
estates. (b) Decedent's personal property devolves to the personal representative
to be distributed to: (1) Those persons to whom it is devised by the testator's last will
or to those indicated as substitutes for them in cases involving lapse, renunciation, or other
circumstances affecting the devolution of a testate estate; or (2) In the absence of testamentary
disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving
renunciations or other circumstances affecting devolution of...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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6-10-102
Section 6-10-102 Effect of removal from homestead. When homestead exemption has been allotted
to the surviving spouse and minor child or children, or either, under any of the provisions
of this division, they shall not be held to have abandoned or forfeited the same by a removal
therefrom. (Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)...
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6-10-84
Section 6-10-84 Proceedings on failure of appraisers to set apart exemptions or to appraise
homestead. If, for more than 20 days after the grant of administration, the appraisers should
fail to set apart the personal property exempt in favor of the surviving spouse and
minor child or children, or either, or to appraise the homestead or to make the report in
reference to the homestead required in Section 6-10-82, then, upon the written application
of the surviving spouse or of the guardian of the minor child or children, the probate court
shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding
30 days, set apart the personal property exempt and appraise the homestead in the manner
required of the appraisers; and, if practicable, they shall also allot and set off the homestead
exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall
report to the court in writing the personal property set apart, with the value of each...
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6-10-80
Section 6-10-80 Appraisers - Issuance of commission. When a decedent, who was at the time of
his or her death a resident of this state, leaves surviving him a spouse and minor child or
children, or either, who are bona fide residents of this state, the probate court, at the
time of appointing appraisers of the estate, shall issue a commission to them, stating the
names of the surviving spouse and minor child or children, or either, as the case may be,
and the nature and extent of the personal property exempt in their favor, and directing
the appraisers to set apart the same. (Code 1876, §2825; Code 1886, §2548; Code 1896, §2078;
Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, §7934; Code 1940,...
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