Alabama § 6-10-85 How Exemption in Lieu of Homestead Claimed and Set Apart

Alabama Statutes

§ 6-10-85 — How Exemption in Lieu of Homestead Claimed and Set Apart

Alabama § 6-10-85

JurisdictionAlabama

Title 6Civil Practice

Ch. 10Exemptions

Art. 2Exemptions from Administration and Payment of Debts

Div. 2Setting Apart Exemptions to Surviving Spouse and Minor Children

This text of Alabama § 6-10-85 (How Exemption in Lieu of Homestead Claimed and Set Apart) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 6-10-85 (2026).

Text

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.

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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.