reglab/statecodes huggingface dataset:
2023 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 6-10-85 - How Exemption in Lieu of Homestead Claimed and Set Apart.

Section 6-10-85
How exemption in lieu of homestead claimed and set apart.
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.
(Code 1886, §2553; Code 1896, §2083; Code 1907, §4210; Code 1923, §7932; Code 1940, T. 7, §675.)
2023 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 6-10-86 - Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon.

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 set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after the making of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days' notice must be given by personal service, if the adverse parties reside in the state or, if they reside out of the state, by publication in some newspaper published in the county. If the exceptions are filed by the surviving spouse and minor child or children, or either, such notice must be served on the personal representative, but if filed by the personal representative or other person, the notice must be served on the surviving spouse, if there is one, or, if not and the minor children are over the age of 14 years, on them, but if they are under the age of 14 years, then on their guardian or, if there is none, on the person having the charge or custody of them. If there is no guardian, the court must appoint a guardian ad litem to represent such minor child or children.
(Code 1876, §2841; Code 1886, §2554; Code 1896, §2084; Code 1907, §4211; Code 1923, §7933; Code 1940, T. 7, §676.)
2023 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 6-10-87 - Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date Set for Hearing of Report on Exemptions.

Section 6-10-87
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 have been reported by appraisers or commissioners to the surviving spouse and minor child or children, or either, it shall be the duty of the probate judge, immediately upon the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof and of the day set for the hearing of said report to the next of kin of decedent, which date of hearing shall not be less than 30 days from the filing of said report. If any of said next of kin are nonresidents of the state, said notice shall be given by publication once a week for three successive weeks in some newspaper published in the county or, if none is published in the county, by posting such notice for said length of time at the courthouse door and three other public places in the county.
(Code 1923, §7934; Code 1940, T. 7, §677.)
2023 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 6-10-88 - Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient.

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.
(Code 1886, §§2555, 2556; Code 1896, §§2085, 2086; Code 1907, §§4212, 4213; Code 1923, §§7935, 7936; Code 1940, T. 7, §§678, 679.)
2023 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 6-10-89
Report 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.)
2023 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 6-10-90
Report 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.)
2023 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 6-10-91
Report 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.)
2023 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 6-10-92
Exceptions 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.)
2023 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 6-10-93
Confirmation 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.)
2023 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 6-10-94
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 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.)
2023 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 6-10-95
Reduced 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.)
2023 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 6-10-96
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 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.)
2023 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 6-10-97
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 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.)
2023 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 6-10-98
Reduced 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.)
2023 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 6-10-99
Payment 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.)
2023 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 6-10-100
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 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.)
2023 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 6-10-101
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 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.)
2023 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 6-10-102
Effect 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.)
2023 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 6-10-103
Commissioners - 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.)
2023 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 6-10-104
Commissioners - 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.)
2023 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 6-10-105
Recordation 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.)
2023 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 6-10-106
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 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.)
2023 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 6-10-107
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 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.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-120 - Right to Waive.

Section 6-10-120
Right to waive.
Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process.
(Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code 1923, §7960; Code 1940, T. 7, §706.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-121 - How Made - Personalty.

Section 6-10-121
How made - Personalty.
As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her.
(Code 1876, §§2847, 2848; Code 1886, §2568; Code 1896, §2105; Code 1907, §4232; Code 1923, §7961; Code 1940, T. 7, §707.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-122 - How Made - Homestead.

Section 6-10-122
How made - Homestead.
As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and acknowledgment by her before an officer authorized to take acknowledgments in the form of the individual acknowledgment prescribed by this Code. If such party is a married woman, such waiver shall be executed only in the mode prescribed by Section 30-4-12 for the alienation of her lands.
(Code 1876, §§2847, 2848; Code 1886, §2569; Code 1896, §2106; Code 1907, §4233; Code 1923, §7962; Code 1940, T. 7, §708; Acts 1951, No. 84, p. 301.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-123 - Enforcement in Action.

Section 6-10-123
Enforcement in action.
In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action.
(Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907, §4234; Code 1923, §7963; Code 1940, T. 7, §709.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-124 - Attachment - Endorsement on Writ.

Section 6-10-124
Attachment - Endorsement on writ.
When such action is commenced by attachment or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the plaintiff, in person or by his agent or attorney, producing before him the written evidence of the waiver or making and filing with him an affidavit that the exemption has been waived, must endorse on the writ the fact of such waiver and the extent thereof.
(Code 1876, §2850; Code 1886, §2571; Code 1896, §2108; Code 1907, §4235; Code 1923, §7964; Code 1940, T. 7, §710.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-125 - Attachment - Proceedings When Waiver Not Sustained.

Section 6-10-125
Attachment - Proceedings when waiver not sustained.
When such attachment is levied on property embraced in a declaration of claim of exemption which has been filed for record, or subsequent to the levy a claim to such property as exempt is interposed, if, on the trial, the averment of waiver is not sustained, the levy shall be discharged and the property returned to the defendant, unless the plaintiff, within five days after judgment, shall contest the claim. If such plaintiff should desire to contest, such contest may be instituted and prosecuted as in other cases.
(Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code 1923, §7965; Code 1940, T. 7, §711.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 10 - Exemptions. › Article 3 - Waiver of Right to Exemptions. › Section 6-10-126 - Exceptions.

Section 6-10-126
Exceptions.
(a) No waiver of exemption in any written instrument shall be held to apply to or include or authorize the levy of an execution or attachment on any of the following property for any debt contracted:
(1) Cooking utensils, cooking stoves, table, tableware, chairs, bed and bed clothing in actual use by the family;
(2) Wearing apparel;
(3) A vehicle used by and essential to the debtor's business;
(4) Tools used personally by and essential to the debtor's business;
(5) The library of the debtor.
(b) Any levy upon such property is absolutely void.
(c) This section shall not apply to such property set out in subdivisions (3) and (4) of subsection (a) pledged in a consensual security agreement.
(Code 1907, §4237; Acts 1915, No. 797, p. 916; Code 1923, §7966; Code 1940, T. 7, §712; Acts 1984, No. 84-381, p. 890.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-1 - Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value.

Section 6-11-1
Damages assessed by factfinder to be itemized; future damages not to be reduced to present value.
In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows:
(1) Past damages.
(2) Future damages.
(3) Punitive damages.
The factfinder shall not reduce any future damages to present value. Where the court determines that any one or more of the above categories is not recoverable in the action, those categories shall be omitted from the itemization.
(Acts 1987, No. 87-183, p. 245, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-2 - Definitions.

Section 6-11-2
Definitions.
For purposes of this article, the following definitions shall apply:
(1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment.
(2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment.
As used herein, the terms "plaintiff" and "defendant" shall include the singular and the plural.
(Acts 1987, No. 87-183, p. 245, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-4 - Requirements When Judgment Structured; Termination.

Section 6-11-4
Requirements when judgment structured; termination.
Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply:
(1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction over the estate.
(2) Where an installment payment is more than 15 days late, there shall be added to the amount due for that installment interest from the date payment was due at the rate of 20 percent per annum, compounded daily, and attorney's fee if necessary to collect the amount due.
(3) Upon motion of the judgment creditor, or his estate in the event of this death, the structure may be terminated and all unpaid installments declared immediately due if the court finds that the judgment debtor has exhibited a continuing pattern of failing to pay installments when due or that there is a reasonable likelihood that future payments may not be timely made. In all such cases, the court may further assess the debtor with costs and the creditor's attorney's fees relating to all proceedings conducted pursuant to this paragraph.
(4) No certificate of judgment shall issue or be recorded against any defendant for that portion of an award of future damages which is structured.
(Acts 1987, No. 87-183, p. 245, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-5 - Court to Conduct Hearings and Receive Evidence.

Section 6-11-5
Court to conduct hearings and receive evidence.
The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4.
(Acts 1987, No. 87-183, p. 245, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-6 - Damages Not Affected.

Section 6-11-6
Damages not affected.
Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action.
(Acts 1987, No. 87-183, p. 245, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 1 - Structured Damages. › Section 6-11-7 - Prior Rights Not Affected.

Section 6-11-7
Prior rights not affected.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-183, p. 245, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-20 - Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.

Section 6-11-20
Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions.
(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff. Nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama.
(b) As used in this article, the following definitions shall apply:
(1) FRAUD. An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury.
(2) MALICE. The intentional doing of a wrongful act without just cause or excuse, either:
a. With an intent to injure the person or property of another person or entity, or
b. Under such circumstances that the law will imply an evil intent.
(3) WANTONNESS. Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.
(4) CLEAR AND CONVINCING EVIDENCE. Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.
(5) OPPRESSION. Subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights.
(Acts 1987, No. 87-185, p. 251, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-22 - Grounds for Mistrial if Limitations Mentioned in Presence of Jury

Section 6-11-22
Grounds for mistrial if limitations mentioned in presence of jury
Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial.
(Acts 1987, No. 87-185, p. 251, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-23 - No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages.

Section 6-11-23
No presumption of correctness; court to conduct hearings; admissible relevant evidence; trial court to independently reassess award of punitive damages.
(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact.
(b) In all cases wherein a verdict for punitive damages is awarded, the trial court shall, upon motion of any party, either conduct hearings or receive additional evidence, or both, concerning the amount of punitive damages. Any relevant evidence, including but not limited to the economic impact of the verdict on the defendant or the plaintiff, the amount of compensatory damages awarded, whether or not the defendant has been guilty of the same or similar acts in the past, the nature and the extent of any effort the defendant made to remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant to remedy the wrong complained of shall be admissible; however, such information shall not be subject to discovery, unless otherwise discoverable, until after a verdict for punitive damages has been rendered. After such post verdict hearing the trial court shall independently (without any presumption that the award of punitive damages is correct) reassess the nature, extent, and economic impact of such an award of punitive damages, and reduce or increase the award if appropriate in light of all the evidence.
(Acts 1987, No. 87-185, p. 251, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-24 - No Presumption of Correctness to Apply to Damages on Appeal.

Section 6-11-24
No presumption of correctness to apply to damages on appeal.
(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.
(b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence.
(Acts 1987, No. 87-185, p. 251, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-25 - Ability of Court to Set Aside Damages Not Limited.

Section 6-11-25
Ability of court to set aside damages not limited.
Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.
(Acts 1987, No. 87-185, p. 251, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-26 - No Punitive Damages Awarded Against State or Agency Thereof.

Section 6-11-26
No punitive damages awarded against state or agency thereof.
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.
(Acts 1987, No. 87-185, p. 251, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-27 - Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, etc.; Exceptions.

Section 6-11-27
Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions.
(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant of said principal, employer, or master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act.
(b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.
(Acts 1987, No. 87-185, p. 251, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-28 - No Cause of Action Created.

Section 6-11-28
No cause of action created.
Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.
(Acts 1987, No. 87-185, p. 251, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-29 - Wrongful Death Actions Not Affected.

Section 6-11-29
Wrongful death actions not affected.
This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended.
(Acts 1987, No. 87-185, p. 251, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 11 - Damages. › Article 2 - Punitive Damages. › Section 6-11-30 - Effective Date.

Section 6-11-30
Effective date.
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
(Acts 1987, No. 87-185, p. 251, §12.)