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Subchapter 1 - Allowances to Family
§ 28-39-101. Allowances to surviving spouse and minor children - (a) (1) In addition to their homestead, dower, and curtesy...
§ 28-39-102. Right of surviving spouse to live in house for two months — Sustenance - A surviving spouse may reside in the chief residence of...
§ 28-39-103. Extension of surviving spouse's quarantine - If the dower or curtesy of any surviving spouse is...
§ 28-39-104. Allowance paid surviving spouse out of rent until apportionment of curtesy or dower - Until curtesy or dower is apportioned, the court shall order...
§ 28-39-105. Advancements to minor distributees - If the court finds that the estate is evidently solvent...
Subchapter 2 - Homestead Rights
§ 28-39-201. Rights of surviving spouse and children - (a) If the owner of a homestead dies leaving a...
§ 28-39-202. Petition to reserve homestead - (a) Whenever any resident of this state shall die, leaving...
§ 28-39-203. Appraisal of homestead — Effect - (a) Upon written application to the clerk by any party...
§ 28-39-204. Sale of homestead exceeding value limitations - (a) Whenever it shall be made to appear to the...
§ 28-39-205. Contest of commissioners' report - (a) Either party may put in issue the truth of...
§ 28-39-207. Disturbance of possession — Penalty - When the provisions of the foregoing sections have been complied...
Subchapter 3 - Assignment of Dower and Curtesy
§ 28-39-301. Assignment by heir — Acceptance - (a) It shall be the duty of the heir at...
§ 28-39-302. Assignment by heir — Grant of severance rights required - (a) The heirs in any estate cannot assign or secure...
§ 28-39-303. Proceedings for allotment - (a) If dower or curtesy is not assigned to the...
§ 28-39-304. Assignment by commissioners - (a) In all cases when it orders and decrees dower...
§ 28-39-305. Rental of indivisible property - In cases in which lands or tenements will not permit...
§ 28-39-306. Sale of property indivisible without prejudice - In proceedings in the circuit court for the allotment of...
§ 28-39-307. Rights of surviving spouse when dower or curtesy land alienated by heir - If the heir alienates lands of which a surviving spouse...
§ 28-39-308. Surviving spouse's bequest of growing crop - A surviving spouse may bequeath the crop in the ground...
§ 28-39-309. Recovery of dower or curtesy lands taken from surviving spouse — Damages - If the land assigned and laid off to any surviving...
Subchapter 4 - Taking Against the Will
§ 28-39-401. Rights of surviving spouse — Limitations - (a) When a married person dies testate as to all...
§ 28-39-402. Notice to spouse of right to elect - Within one (1) month after the will of a married...
§ 28-39-403. Spouse's time limitation for filing election - (a) The election by a surviving spouse to take against...
§ 28-39-404. Form of election — Filing - (a) (1) The election to take against the will shall...
§ 28-39-405. Right of election personal to surviving spouse - (a) The right of election of the surviving spouse is...
§ 28-39-406. Revocation of spouse's election - An election made by or on behalf of a surviving...
§ 28-39-407. Rights of children or issue — Limitations - (a) Subsequently Born or Adopted Children. Whenever a child shall...