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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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6-10-84
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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6-10-106
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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6-10-86
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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6-10-100
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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6-10-83
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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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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