Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1 - Exemptions From Levy and Sale Under Process.
Division 1 - General Provisions.
Section 6-10-1 - Law Governing Exemptions and Claims. - The right of homestead or other exemption shall be governed...
Section 6-10-2 - Homestead Exemption - Amount; Area. - The homestead of every resident of this state, with the...
Section 6-10-3 - Homestead Exemption - Alienation by Married Person. - No mortgage, deed or other conveyance of the homestead by...
Section 6-10-4 - Homestead Exemption - Liens Not Affected. - The provisions of this article shall not, however, be so...
Section 6-10-5 - Burial Place and Church Pew or Seat. - In favor of any resident of this state, there shall...
Section 6-10-6 - Personalty. - The personal property of such resident, except for wages, salaries,...
Section 6-10-6.1 - Exclusions From Personal Property. - (a) Wages, salaries, or other compensation of a resident are...
Section 6-10-7 - Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services. - (a) The wages, salaries, or other compensation of laborers or...
Section 6-10-8 - Rights of Beneficiaries and Assignees Under Life Insurance Policies. - If a policy of insurance, whether heretofore or hereafter issued,...
Section 6-10-9 - Partnership Property. - No property, real or personal, held or owned by partners...
Section 6-10-10 - County and Municipal Property. - All property, real or personal, belonging to the several counties...
Section 6-10-11 - Exemptions in Federal Bankruptcy. - In cases instituted under the provisions of Title 11 of...
Section 6-10-12 - Adjustments to Exemption Values. - On July 1, 2017, and at the end of each...
Division 2 - Claim and Contest of Exemptions.
Section 6-10-20 - Declaration of Claimed Exemptions - Making and Filing. - Any resident of this state entitled to, and desiring to,...
Section 6-10-21 - Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies. - Such declarations of claims of exemptions shall be recorded in...
Section 6-10-22 - Declaration of Claimed Exemptions - Fees for Filing, Etc. - The fees for filing, recording, copying, and certifying such declarations...
Section 6-10-23 - Declaration of Claimed Exemptions - Effect as Evidence and Notice. - After the filing of such declaration, the claim of exemption...
Section 6-10-24 - Declaration of Claimed Exemptions - Effect of Waiver or Contest. - After such declaration of claim has been filed for record,...
Section 6-10-25 - Declaration of Claimed Exemptions - Contesting of Claims. - A plaintiff, in person or by his or her agent...
Section 6-10-26 - Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim. - The right of homestead or other exemption shall not be...
Section 6-10-27 - Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming. - (a) When any contest of a claim of exemption to...
Section 6-10-28 - Contest of Exemption Claim - Return of Levying Officer. - In case of such contest, the officer making the levy...
Section 6-10-29 - Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File. - On any contest of a claim of exemption to personal...
Section 6-10-30 - Contest of Exemption Claim - Trial of Issues. - The contest of any claim of exemptions shall be a...
Section 6-10-31 - Contest of Exemption Claim - Trial by Jury in Probate Court. - When a contest of a claim of exemption is triable...
Section 6-10-32 - Contest of Exemption Claim - Judgment. - If the plaintiff fails to appear in support of his...
Section 6-10-33 - Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive. - When, on a contest of a claim of exemption to...
Section 6-10-34 - Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption. - When, on a contest of a claim of exemption to...
Section 6-10-35 - Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof. - When, on a contest of a claim of exemption to...
Section 6-10-36 - Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting From Detention on Bond; Judgment and Execution on Bond. - When bond has been executed by the plaintiff or defendant...
Section 6-10-37 - Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property. - When money, choses in action or personal property are garnished...
Section 6-10-38 - Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Area Allowed. - (a) If, on the trial of a contest of a...
Section 6-10-39 - Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children. - If a husband, wife or parent, entitled to a homestead...
Section 6-10-40 - Sale of Land and Separation of Homestead Interest From That of Alienee. - When the homestead, after being reduced to the lowest practicable...
Section 6-10-41 - Effect of Leaving Homestead Temporarily or Leasing Same. - When a declaration of claim to a homestead exemption has...
Section 6-10-42 - When No Action Lies Against Officer Levying on Exempt Property. - If no declaration of claim of exemption has been filed...
Section 6-10-43 - Effect of Contest on Sale of Property and Lien Thereon. - When a contest of a claim of exemption has been...
Article 2 - Exemptions From Administration and Payment of Debts.
Section 6-10-67 - Right to Use of Property Before Such Set aPart And to Commence or Defend Actions Thereon. - Before grant of administration and before the exempt property is...
Division 2 - Setting Apart Exemptions to Surviving Spouse and Minor Children.
Section 6-10-80 - Appraisers - Issuance of Commission. - When a decedent, who was at the time of his...
Section 6-10-81 - Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report. - The appraisers, as early as practicable, shall set apart the...
Section 6-10-82 - Appraisers - Report of Homestead Appraisement. - The appraisers shall also appraise the homestead of the decedent...
Section 6-10-83 - Proceedings to Set Apart Homestead When Same Exceeds Value Allowed. - When it appears from the report of the appraisers that...
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...
Section 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart. - When an exemption of real estate in lieu of homestead...
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...
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. - In all cases where exemptions of real or personal property...
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...
Section 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside. - If the report is set aside, the court must appoint...
Section 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed. - If the exceptions are filed by the surviving spouse or...
Section 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions. - From the decree of the probate court pronounced on such...
Section 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance. - When the report of the appraisers shows that the homestead...
Section 6-10-93 - Confirmation of Reports When No Exceptions Filed. - If no exceptions are filed to the report of the...
Section 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children Until Sold, Etc. - When the homestead, after being reduced to its lowest practicable...
Section 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed. - The homestead of a decedent may be sold by order...
Section 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice; Terms; Application of Proceeds. - The facts stated in the application to sell the homestead...
Section 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received. - (a) If, at such sale or any subsequent sale, no...
Section 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption. - When the purchase of such homestead is by or on...
Section 6-10-99 - Payment by Devisees to Clear Property of Homestead Right. - Where a homestead right exists in property devised by will,...
Section 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's Estate Within 60 Days After Death - Generally. - (a) When the property, real or personal, owned by a...
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...
Section 6-10-102 - Effect of Removal From Homestead. - When homestead exemption has been allotted to the surviving spouse...
Section 6-10-103 - Commissioners - Qualifications; Oath. - Commissioners appointed to allot or set apart homestead or other...
Section 6-10-104 - Commissioners - Compensation. - Commissioners appointed under the provisions of this division shall be...
Section 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor. - All judgments or decrees allotting homestead exemptions to surviving spouses...
Section 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally. - (a) When the real and personal property owned by an...
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. - If no exceptions are filed and sustained to such report...
Article 3 - Waiver of Right to Exemptions.
Section 6-10-120 - Right to Waive. - Any person, by an instrument in writing, may waive his...
Section 6-10-121 - How Made - Personalty. - As to personal property, the waiver may be made by...
Section 6-10-122 - How Made - Homestead. - As to the homestead, the waiver must be by a...
Section 6-10-123 - Enforcement in Action. - In any civil action, in which a waiver of the...
Section 6-10-124 - Attachment - Endorsement on Writ. - When such action is commenced by attachment or, in aid...
Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained. - When such attachment is levied on property embraced in a...
Section 6-10-126 - Exceptions. - (a) No waiver of exemption in any written instrument shall...