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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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6-10-38
of the plaintiff accompanied by an offer in writing to purchase the same for an amount exceeding
$5,000 (or if a husband and wife have both claimed the exemption to which each is entitled,
$10,000), which offer must state the amount and, at the election of the defendant, shall be
binding on the plaintiff. (c) When a sale is made under subsection (b) of this section and
any defendant dies before receiving their $5,000 standing in lieu of the homestead, the same
shall be paid to his or her personal representative, who shall receive and hold it
subject to the homestead rights of the defendant's surviving spouse and minor child or children,
or either, if there be such; but, if there be none such, the personal representative
shall first apply the same to the payment of the demand for the enforcement of which the process
issued, and the balance he shall administer as personal assets of the estate. (Code
1876, §2832; Code 1886, §§2534-2536; Code 1896, §§2060-2062; Code 1907,...
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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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6-10-83
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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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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40-7-25
list; and the taxpayer shall be given notice by the assessing official, by mail or in person,
of the items of property added to his or her assessment list or items claimed as exempt which
are disallowed by the assessing official after the list has been filed and before the assessing
official has completed his or her assessment, and the assessing official shall, upon demand,
furnish the taxpayer with a certified copy of his or her assessment list so amended. In the
event the value of real or personal property of any taxpayer is increased by the county
board of equalization, herein created, over the assessed value thereof for the next preceding
year, the taxpayer shall be furnished by mail or in person, by the secretary of the county
board of equalization, with a statement showing separately the value of his or her personal
property and his or her real property, and improvements thereon. The statement shall be signed
by the chair of the county board of equalization and the taxpayer may...
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6-10-20
Section 6-10-20 Declaration of claimed exemptions - Making and filing. Any resident of this
state entitled to, and desiring to, claim a homestead or other exemption from levy and sale
under execution or other process may, at any time, make and file in the office of the probate
judge of the county in which the property is situated, if a homestead, or, if personal
property, of the county in which such resident resides, a declaration in writing, subscribed
and sworn to by him or her, describing the property selected and claimed by him or her as
exempt, item by item, in case of personal property, with its value. Other declarations
may, from time to time, as occasion may require, be made and filed. (Code 1876, §2828; Code
1886, §2515; Code 1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)...
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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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6-10-101
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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8-1-172
Section 8-1-172 Mortgage taken in good faith on real estate of insane person not void. (a)
When any person shall in good faith take a mortgage on real estate from an insane person without
notice of the insanity, the mortgage deed shall not be void; but the insane person may redeem
the property so mortgaged at any time prior to a foreclosure by paying to the mortgagee the
amount actually received by the insane person at the time of executing the mortgage, or any
balance due thereon, with interest thereon to the date of redemption. (b) If the mortgage
shall have been foreclosed, the insane person may redeem from the vendee at the foreclosure
sale, or those claiming under the vendee, at any time within 180 days from foreclosure for
residential property on which a homestead exemption was claimed in the tax year during which
the foreclosure occurred, or at any time within one year from foreclosure for all other property,
by paying to the vendee, or those claiming under the vendee, the...
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