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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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed
value or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption,
it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife
have both claimed the exemption to which each is entitled, $10,000), or 160 acres in area,
the court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter,
commanding him to summon three disinterested householders or freeholders of the county in
which the homestead is situated, who, after having been sworn by the sheriff or some officer
authorized to administer oaths to faithfully discharge their duty, shall, if practicable,
set off and allot, by metes and bounds, the homestead exempt to the defendant from levy and
sale under process, having regard both to the quality and value of the real estate and to
the selection of the defendant and taking land most contiguous to the dwelling, and...
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6-10-2
Section 6-10-2 Homestead exemption - Amount; area. The homestead of every resident of
this state, with the improvements and appurtenances, not exceeding in value fifteen thousand
dollars ($15,000) and in area 160 acres, shall be, to the extent of any interest he or she
may have therein, whether a fee or less estate or whether held in common or in severalty,
exempt from levy and sale under execution or other process for the collection of debts during
his or her life and occupancy and, if he or she leaves surviving him or her a spouse and a
minor child, or children, or either, during the life of the surviving spouse and minority
of the child, or children, but the area of the homestead shall not be enlarged by reason of
any encumbrance thereon or of the character of the estate or interest owned therein by him
or her. When a husband and wife jointly own a homestead each is entitled to claim separately
the exemption provided herein, to the same extent and value as an unmarried individual....

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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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6-10-94
Section 6-10-94 Reduced homestead incapable of allotment - Possession by surviving spouse
and minor children until sold, etc. When the homestead, after being reduced to its lowest
practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has
been obtained, the surviving spouse and minor child or children, or either, may retain the
possession of the homestead as thus reduced, free from the payment of rent, until the same
shall be sold or there is a division of the lands of the decedent; and in the event of a sale
of such homestead in the course of administration, it shall be sold separately from the other
lands of the decedent, if there be other. (Code 1896, §2092; Code 1907, §4219; Code 1923,
§7942; Code 1940, T. 7, §685; Acts 1951, No. 911, p. 1558, §1.)...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set
for hearing thereon. When any homestead or other exemption has been allotted or set apart
by the appraisers or by commissioners, the personal representative, surviving spouse, minor
child or children, or other person in interest feeling aggrieved may, within 30 days after
the making of the report, file written exceptions thereto, stating the grounds of such exceptions.
Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days' notice
must be given by personal service, if the adverse parties reside in the state or, if they
reside out of the state, by publication in some newspaper published in the county. If the
exceptions are filed by the surviving spouse and minor child or children, or either, such
notice must be served on the personal representative, but if filed by the personal representative
or other person, the notice must be served on the surviving spouse, if there...
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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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6-10-84
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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6-10-101
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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6-10-100
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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