§ 2-7-505 — Procedure for setting off exempt property

Any time during the administration of an estate and after the
first publication of notice of opening the probate and the
filing of the appraisement, any person interested may file a
petition showing the necessary facts and praying to have the
exempt property of the estate including the homestead set over
to the person or persons entitled thereto. Upon filing of the
petition, the court shall require all persons interested to
appear on a day certain to show cause why the exempt property
should not be set over to the person or persons entitled
thereto. The order shall be published once in a newspaper of
general circulation in the county in which the probate is
pending and a copy of the order to show cause shall be mailed by
the personal representative to each heir and beneficiary. The
publication and mailing shall be not less than ten (10) days
prior to the date set for the hearing. At the time set for the
hearing or to which the hearing is continued, the court shall
hear the evidence and make such order as the facts and law
require. If the whole estate of the decedent is found to be
exempt and is set over to the person or persons entitled
thereto, no further proceeding is required in the administration
of the estate unless further estate is discovered. The
publication and notice may be combined with and included in the
notice of opening the probate, but the hearing shall not be held
less than ten (10) days after the filing of the appraisement.