§ 6-10-86 — Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon

Alabama § 6-10-86

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 10: Exemptions
• Art. 2: Exemptions from Administration and Payment of Debts
• Div. 2: Setting Apart Exemptions to Surviving Spouse and Minor Children

Text

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.

Legislative History

(Code 1876, §2841; Code 1886, §2554; Code 1896, §2084; Code 1907, §4211; Code 1923, §7933; Code 1940, T. 7, §676.)