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.
Structure Code of Alabama
Article 2 - Exemptions From Administration and Payment of Debts.
Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.
Section 6-10-80 - Appraisers - Issuance of Commission.
Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report.
Section 6-10-82 - Appraisers - Report of Homestead Appraisement.
Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed.
Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.
Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside.
Section 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions.
Section 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance.
Section 6-10-93 - Confirmation of Reports When No Exceptions Filed.
Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed.
Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right.
Section 6-10-102 - Effect of Removal From Homestead.
Section 6-10-103 - Commissioners - Qualifications; Oath.
Section 6-10-104 - Commissioners - Compensation.
Section 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor.