Code of Alabama
Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.
Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient.

(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear.
(b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value.

<< Previous
Next >>

Structure Code of Alabama

Code of Alabama

Title 6 - Civil Practice.

Chapter 10 - Exemptions.

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 6-10-84 - Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead.

Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.

Section 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon.

Section 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date Set for Hearing of Report on Exemptions.

Section 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient.

Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside.

Section 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed.

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 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children Until Sold, Etc.

Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed.

Section 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice; Terms; Application of Proceeds.

Section 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received.

Section 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption.

Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right.

Section 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's Estate Within 60 Days After Death - Generally.

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.

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.

Section 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally.

Section 6-10-107 - Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seven Years and Residence Not Ascertainable - Vesting for Life of Title to Property in Deserted Spouse or Minors.