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 minor child or children, or either, or, if no surviving spouse, to the guardian of said minors, upon such provisions, conditions, or limitations as to the court shall seem proper in the premises; provided, that the surviving spouse or guardian shall give bond in double the amount of said sum, with good and sufficient sureties to be approved by the court granting the decree, conditioned, as in the case of guardian and ward, that the said fund shall be faithfully kept and used exclusively for the support and maintenance of the surviving spouse and minor children and for the education of the minor children, if any. The surviving spouse or guardian, as the case may be, shall make an annual report to the court of all receipts and expenditures relating to said fund, which report is subject to the approval of the court.
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.