6-10-107
Section 6-10-107 Proceedings to set aside exemptions when husband, wife or parent absent seven
years and residence not ascertainable - Vesting for life of title to property in deserted
spouse or minors. If no exceptions are filed and sustained to such report of the commissioners
setting apart exemptions and it is determined that the property set apart was all the property
owned by the absentee spouse at the time he or she left and that he or she left less property
than was exempt to a surviving spouse and minor children of decedents, the title to the property
so set aside, whether real or personal, shall vest for the life of the deserted spouse or
the minority of the children, whichever may last terminate. (Acts 1923, No. 368, p. 388; Code
1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)...
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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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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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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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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
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6-10-39
Section 6-10-39 Interposition of homestead claim or other exemptions and defense of contest
thereof by spouse or minor children. If a husband, wife or parent, entitled to a homestead
or other exemption, absconds or abandons his or her family, leaves the state, is insane, is
confined under a charge or conviction for felony or misdemeanor, or is under any other disability
or inability, the spouse or, if there is no spouse, the minor child or children, residents
of this state with the intention so to continue, shall be entitled to interpose any and all
claims of homestead or other exemption which the husband, wife, or parent could have interposed;
but the right to such exemptions shall continue only so long as the spouse and minor child
or children, or either, shall remain bona fide residents of this state. In the event of the
death of the husband, wife or parent pending any contest of a claim of homestead or other
exemption, such contest may be revived in the name of the surviving...
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6-10-67
Section 6-10-67 Right to use of property before such set apart and to commence or defend actions
thereon. Before grant of administration and before the exempt property is set apart, the right
of the surviving spouse and minor child or children, or either, to the use and benefit of
such property shall be the same as if it had been set apart as exempt; and actions respecting
the same may be commenced or defended by the surviving spouse or, if there is no surviving
spouse, by the minor child, or children, as fully and to the same extent as if such property
had been set apart as exempt from administration. (Code 1886, §2564; Code 1896, §2076; Code
1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)...
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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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6-10-81
Section 6-10-81 Appraisers - Duty to set apart exempt personal property; return of report.
The appraisers, as early as practicable, shall set apart the exempt personal property, having
regard, as far as consistent with their duties, to the selection made by the surviving spouse
or the guardian of the minor child or children, if such selection is made; estimating it at
its appraised value and permitting the surviving spouse or, if there is no surviving spouse
or the surviving spouse fails to act, the guardian of the minor child or children to select
the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement
a report of the property so set apart, showing each item thereof and its appraised value.
(Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T.
7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)...
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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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