Chapter 1 - Exemptions
- 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 by the law in force when the debt or demand was created, but the ...
- Section 6-10-2 Homestead exemption - Amount; area
The homestead of every resident of this state, with the improvements and appurtenances, not exceeding in value $5,000 and in area 160 acres, shall ...
- Section 6-10-3 Homestead exemption - Alienation by married person
No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the ...
- Section 6-10-4 Homestead exemption - Liens not affected
The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any ...
- Section 6-10-5 Burial place and church pew or seat
In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot ...
- Section 6-10-6 Personalty
The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident's interest therein, to the amount ...
- 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 employees, residents of this state, for personal services, shall be exempt from levy under ...
- Section 6-10-8 Rights of beneficiaries and assignees under life insurance policies
If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another ...
- Section 6-10-9 Partnership property
No property, real or personal, held or owned by partners as partnership property or purchased with partnership funds for partnership purposes shall be the ...
- Section 6-10-10 County and municipal property
All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall ...
- Section 6-10-11 Exemptions in federal bankruptcy
In cases instituted under the provisions of Title 11 of the United States Code entitled "Bankruptcy," there shall be exempt from the property of ...
- 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, claim a homestead or other exemption from levy and sale under execution or other ...
- Section 6-10-21 Declaration of claimed exemptions - Recordation; receipt; certified copies
Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall ...
- Section 6-10-22 Declaration of claimed exemptions - Fees for filing, etc
The fees for filing, recording, copying and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and ...
- Section 6-10-23 Declaration of claimed exemptions - Effect as evidence and notice
After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing ...
- Section 6-10-24 Declaration of claimed exemptions - Effect of waiver or contest
After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed ...
- Section 6-10-25 Declaration of claimed exemptions - Contesting of claims
A plaintiff, in person or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof has been ...
- 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 waived or lost by a failure, before the levy of process, to file for ...
- 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 personal property has been instituted, the defendant claiming the exemption may, within five days ...
- Section 6-10-28 Contest of exemption claim - Return of levying officer
In case of such contest, the officer making the levy must, within 15 days after the institution of the contest, return the process and ...
- 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 property, on the plaintiff's written demand, made at any time, the defendant claiming the ...
- Section 6-10-30 Contest of exemption claim - Trial of issues
The contest of any claim of exemptions shall be a preferred case, and after the return of the process, if both parties appear, an ...
- Section 6-10-31 Contest of exemption claim - Trial by jury in probate court
When a contest of a claim of exemption is triable in the probate court, either party shall be entitled to a trial by jury ...
- Section 6-10-32 Contest of exemption claim - Judgment
If the plaintiff fails to appear in support of his contest or if on the trial all the property in contest is found exempt, ...
- 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 personal property, the issue is whether or not the claim is excessive and such ...
- 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 personal property, an inventory filed by the defendant on the plaintiff's demand discloses other ...
- 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 personal property, an inventory has been filed by the defendant, an issue may be ...
- 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 for the forthcoming of the property in contest, the value of the property, and ...
- 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 and the defendant claims the same, or any part thereof, as exempt, he shall ...
- 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 claim of homestead exemption, it is found that the homestead as claimed exceeds $5,000 ...
- 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 or other exemption, absconds or abandons his or her family, leaves the state, is ...
- 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 area, exceeds $5,000 in value and the husband or wife has aliened the same ...
- Section 6-10-41 Effect of leaving homestead temporarily or leasing same
When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily ...
- Section 6-10-42 When no action lies against officer levying on exempt property
If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the ...
- Section 6-10-43 Effect of contest on sale of property and lien thereon
When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the ...
- Article 2 Exemptions from Administration and Payment of Debts.
- Division 1 General Provisions.
- 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 set apart, the right of the surviving spouse and minor child or children, or ...
- 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 or her death a resident of this state, leaves surviving him a spouse and ...
- 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 exempt personal property, having regard, as far as consistent with their duties, to the ...
- Section 6-10-82 Appraisers - Report of homestead appraisement
The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which 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 the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, ...
- 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 administration, the appraisers should fail to set apart the personal property exempt in favor ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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, ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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, ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- Article 3 Waiver of Right to Exemptions.
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
