reglab/housing_qa huggingface dataset:
AL Code § 6-10-89 (2021)
2021 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 6-10-89 - Report of Appraisers or Commissioners - Proceedings When Report Set Aside.

Section 6-10-89Report of appraisers or commissioners - Proceedings when report set aside. If the report is set aside, the court must appoint three commissioners who shall allot and set apart such exemptions and report the same to the court under the provisions of this division, when the same proceedings may be had as on the report first made and so on until the exemptions are finally allowed. (Code 1886, §2557; Code 1896, §2087; Code 1907, §4214; Code 1923, §7937; Code 1940, T. 7, §680.)
AL Code § 6-10-90 (2021)
2021 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 6-10-90 - Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed.

Section 6-10-90Report of appraisers or commissioners - Taxation of cost on exceptions being filed. If the exceptions are filed by the surviving spouse or on behalf of the minor child or children and are not sustained, the costs shall be taxed against the surviving spouse or the next friend of the child or children, or against both if they are joined in the exceptions, and in all other cases against the unsuccessful party. (Code 1886, §2558; Code 1896, §2088; Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)
AL Code § 6-10-91 (2021)
2021 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 6-10-91 - Report of Appraisers or Commissioners - Appeal From Decree on Exceptions.

Section 6-10-91Report of appraisers or commissioners - Appeal from decree on exceptions. From the decree of the probate court pronounced on such exceptions, either party feeling aggrieved may within 42 days appeal to the supreme court by filing a notice of appeal with the probate court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure. (Code 1876, §2841; Code 1886, §2559; Code 1896, §2089; Code 1907, §4216; Code 1923, §7939; Code 1940, T. 7, §682.)
AL Code § 6-10-92 (2021)
2021 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 6-10-92 - Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance.

Section 6-10-92Exceptions to report of appraisers that homestead does not exceed allowance. When the report of the appraisers shows that the homestead does not exceed in value $6,000, exceptions may be filed thereto by the personal representative or other person in adverse interest; and, if such exceptions are filed, proceedings may be had thereof as in case of a report allotting or setting apart the homestead. (Code 1886, §2560; Code 1896, §2090; Code 1907, §4217; Code 1923, §7940; Code 1940, T. 7, §683; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)
AL Code § 6-10-93 (2021)
2021 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 6-10-93 - Confirmation of Reports When No Exceptions Filed.

Section 6-10-93Confirmation of reports when no exceptions filed. If no exceptions are filed to the report of the appraisers under the provisions of this division or to the report allotting or setting apart any homestead or other exemption within the time allowed for filing such exceptions, a decree must be entered confirming the report and allowing the exemption as reported. (Code 1886, §2561; Code 1896, §2091; Code 1907, §4218; Code 1923, §7941; Code 1940, T. 7, §684.)
AL Code § 6-10-94 (2021)
2021 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 6-10-94 - Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children Until Sold, Etc.

Section 6-10-94Reduced homestead incapable of allotment - Possession by surviving spouse and minor children until sold, etc. When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor child or children, or either, may retain the possession of the homestead as thus reduced, free from the payment of rent, until the same shall be sold or there is a division of the lands of the decedent; and in the event of a sale of such homestead in the course of administration, it shall be sold separately from the other lands of the decedent, if there be other. (Code 1896, §2092; Code 1907, §4219; Code 1923, §7942; Code 1940, T. 7, §685; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-95 (2021)
2021 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 6-10-95 - Reduced Homestead Incapable of Allotment - Sale - When Allowed.

Section 6-10-95Reduced homestead incapable of allotment - Sale - When allowed. The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-96 (2021)
2021 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 6-10-96 - Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice; Terms; Application of Proceeds.

Section 6-10-96Reduced 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 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. (Code 1923, §5860; Code 1940, T. 7, §687; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-97 (2021)
2021 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 6-10-97 - Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received.

Section 6-10-97Reduced 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 bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the report to lie over 30 days, during which time any person interested in the sale may file written exceptions attacking the fairness of the sale, stating the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed to hear the same, 10 days' notice thereof given and other proceedings had as provided in this division for the hearing of exceptions to a report allotting homestead, so far as such provisions are applicable. (b) If, on the hearing of such exceptions, the court is satisfied from the evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness in the conduct of the sale or to fraud or collusion thereat, an order must be made directing a resale of such homestead, but if no exceptions are filed and sustained to such report, the court must make an order revoking the order of sale of the homestead and setting apart such homestead to the surviving spouse and minor child or children, or either, as the case may be. (Code 1896, §§2095, 2096; Code 1907, §§4222, 4223; Code 1923, §§7946, 7947; Code 1940, T. 7, §§692, 693; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-98 (2021)
2021 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 6-10-98 - Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption.

Section 6-10-98Reduced homestead incapable of allotment - Sale - Purchase by persons entitled to homestead exemption. When the purchase of such homestead is by or on behalf of the persons entitled to the homestead exemptions, the sum of $6,000 need not be actually paid to the representative, but, if the sale is confirmed, may be credited on the bid; and on the payment of the residue of such bid, a proper conveyance must be made to them as such purchasers, vesting the title in the persons entitled to the exemption, share and share alike, and be held and governed by Section 6-10-60. (Code 1896, §2094; Code 1907, §4221; Code 1923, §7945; Code 1940, T. 7, §691; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-99 (2021)
2021 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 6-10-99 - Payment by Devisees to Clear Property of Homestead Right.

Section 6-10-99Payment by devisees to clear property of homestead right. Where a homestead right exists in property devised by will, the person or persons to whom said property is devised may clear the said property of such homestead right by paying to the personal representative, in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal representative in all respects as provided in Section 6-10-96 where land incapable of allotment is ordered to be sold. Said personal representative shall report the payment of said funds and how he has disposed of same to the probate court having jurisdiction of said estate, which report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951, No. 911, p. 1558, §1.)
AL Code § 6-10-100 (2021)
2021 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 6-10-100 - Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent's Estate Within 60 Days After Death - Generally.

Section 6-10-100Proceedings 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 decedent at the time of his death does not exceed in amount and value the exemption allowed in favor of his or her surviving spouse and minor child or children, or either, and no administration is granted on his estate within 60 days after his death, the probate court of the county in which he resided at the time of his death, upon the application of the surviving spouse or, if there is no surviving spouse or he or she does not act, upon the application of a suitable person who shall be appointed by the judge of probate as the next friend of such minor child or children, verified by oath and setting forth such facts, as well as the names, condition, and residence, if known, of the heirs of the decedent other than the minor children of the decedent, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real or personal property, or both, of such decedent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the death of the decedent, such encumbered property must be valued at only the excess of its value over and above the sum of such liens or other encumbrances. (b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed in such property, the commissioners must set apart the same to the surviving spouse and minor child or children, or either, as exempt from administration; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report may be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions. (Code 1886, §§2562, 2563; Code 1896, §§2097-2099; Code 1907, §§4224-4226; Code 1923, §§7948-7950; Code 1940, T. 7, §§694-696; Acts 1947, No. 132, p. 41.)
AL Code § 6-10-101 (2021)
2021 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 6-10-101 - 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 6-10-101Proceedings 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 of the commissioners setting apart the homestead exemption, the title to the real property so set aside shall vest in the surviving spouse and minors, share and share alike, but only during the life of the surviving spouse and minority of the children. If all the real property left by the decedent in this state does not exceed in area and value the homestead allowed by law as exempt, title to all such real property shall vest absolutely in the surviving spouse, the children (minors and adults) and the descendants of deceased children, or, if there is no surviving spouse, in the children and the descendants of deceased children, or, if there are no children or descendants of deceased children, in the surviving spouse; provided, that when the homestead is so vested and there are a surviving spouse and minor children, the surviving spouse and minor children shall be entitled to the exclusive possession of such real property for the life of the surviving spouse and the minority of the children; where there are both minor and adult children, the minor children shall be entitled to the exclusive possession of such real property during their minority; and where there is a surviving spouse but no minor children, such surviving spouse shall be entitled to the exclusive possession of such property during his or her life. The homestead so vested shall not be sold for division during the life of the surviving spouse and the minority of the child or children of the decedent without the consent of the surviving spouse and the legally appointed representative of the minor child or children. (Code 1896, §2100; Code 1907, §4227; Code 1923, §7951; Code 1940, T. 7, §697; Acts 1947, No. 216, p. 88; Acts 1951, No. 911, p. 1558, §1; Acts 1953, No. 837, p. 1128, §2.)
AL Code § 6-10-102 (2021)
2021 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 6-10-102 - Effect of Removal From Homestead.

Section 6-10-102Effect of removal from homestead. When homestead exemption has been allotted to the surviving spouse and minor child or children, or either, under any of the provisions of this division, they shall not be held to have abandoned or forfeited the same by a removal therefrom. (Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)
AL Code § 6-10-103 (2021)
2021 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 6-10-103 - Commissioners - Qualifications; Oath.

Section 6-10-103Commissioners - Qualifications; oath. Commissioners appointed to allot or set apart homestead or other exemptions under this division must be disinterested householders or freeholders of the county and, before executing their commission, must be sworn by some officer authorized to administer oaths, or by one of themselves, to faithfully discharge the duties for which they were appointed. (Code 1886, §2565; Code 1896, §2102; Code 1907, §4229; Code 1923, §7953; Code 1940, T. 7, §699.)
AL Code § 6-10-104 (2021)
2021 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 6-10-104 - Commissioners - Compensation.

Section 6-10-104Commissioners - Compensation. Commissioners appointed under the provisions of this division shall be entitled to compensation for their services at the rate of $2 per day during the time they are actually engaged. (Code 1886, §2566; Code 1896, §2103; Code 1907, §4230; Code 1923, §7954; Code 1940, T. 7, §700.)
AL Code § 6-10-105 (2021)
2021 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 6-10-105 - Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor.

Section 6-10-105Recordation of judgments allotting homestead exemptions; fee therefor. All judgments or decrees allotting homestead exemptions to surviving spouses and minors may be recorded in the probate office as other deeds and conveyances are recorded and in the books of record for recording deeds, so as to show the chain of title to the lands so allotted; and the probate judge shall be allowed the same fees as for the recording of other conveyances. (Code 1923, §7955; Code 1940, T. 7, §701.)
AL Code § 6-10-106 (2021)
2021 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 6-10-106 - Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally.

Section 6-10-106Proceedings 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 absent husband, wife, or parent who has not been heard from and whose residence has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry does not exceed in amount and value the exemptions allowed in favor of his or her surviving spouse and minor child or children, or either, the probate court of the county in which he or she resided before leaving his or her spouse or children, upon the application of the deserted spouse or, if there is no spouse or he or she does not act, upon the application of the guardian or of a suitable person who shall be appointed by the judge of probate as next friend of such minor children, verified by oath and setting forth such facts, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real and personal property of such absent husband or wife and parent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the commencement of the absence of the said husband, wife, or parent, such encumbered property must be valued at only the excess in its value over and above the sum of such lien or encumbrance. (b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed a surviving spouse and minor children in such property, the commissioners must set apart the same to the said deserted spouse and minor children, or either; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report must be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions. (Acts 1923, No. 368, p. 388; Code 1923, §§7957, 7958; Code 1940, T. 7, §§703, 704.)
AL Code § 6-10-107 (2021)
2021 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 6-10-107 - 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.

Section 6-10-107Proceedings 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 of the commissioners setting apart exemptions and it is determined that the property set apart was all the property owned by the absentee spouse at the time he or she left and that he or she left less property than was exempt to a surviving spouse and minor children of decedents, the title to the property so set aside, whether real or personal, shall vest for the life of the deserted spouse or the minority of the children, whichever may last terminate. (Acts 1923, No. 368, p. 388; Code 1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)