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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6-10-94
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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6-10-102
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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6-10-100
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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6-10-67
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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6-10-85
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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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order
and notice; terms; application of proceeds. The facts stated in the application to sell the
homestead for setting apart of exemptions may be proved by the oral testimony of witnesses
or by the records of the probate court, and if the facts stated in such application are proven
to the satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead
must be sold on such terms as the court may direct, not exceeding a credit of three years,
but in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in
the discretion of the court, be applied by the court to the purchase of a homestead for the
benefit of such surviving spouse and minor children, or either of them, or be paid by the
court to the surviving spouse for the use and support of said surviving spouse and...
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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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6-10-83
Section 6-10-83 Proceedings to set apart homestead when same exceeds value allowed.
When it appears from the report of the appraisers that the homestead exceeds in value $6,000,
the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable
not exceeding 30 days after their appointment, set off and allot the homestead exempt, having
regard to both the quality and value of the property and to the selection of the surviving
spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian
of the minor child or children, if there is such guardian; and, within 10 days thereafter,
the commissioners shall return to the court in writing the homestead set off and allotted
by them. (Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code
1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)...

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