- § 44-13-1 - Amount of Exemption; Who May Claim Exemption; What Charges Enforceable
Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws...
- § 44-13-1.1 - "Dependent" Defined
As used in this article, the term "dependent" means a person whom the debtor may claim as a dependent for income tax purposes pursuant...
- § 44-13-2 - Application for Exemption by Spouse, Minor Children or Representative of Dependents Upon Debtor's Refusal to Apply
Should a debtor refuse to apply for an exemption under this article, the debtor's spouse, any person acting on behalf of the minor children...
- § 44-13-3 - Supplementation of Exemption
It shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which amount is less...
- § 44-13-4 - Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey
(a) Each person seeking the benefit of the exemptions provided in this article shall apply by petition to the judge of the probate court...
- § 44-13-5 - Survey of Lands in Different County
Whenever the applicant does not possess a sufficient amount of realty located in the county of his residence, he may include in his application...
- § 44-13-6 - Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions
It shall be the duty of any person who shall claim the benefit of the exemption allowed in this article to act in perfect...
- § 44-13-7 - Publication of Notice of Application; Form
When the schedule has been filed and the application has been made, the judge of the probate court, in order that all persons may...
- § 44-13-8 - Written Notice to Creditors; How Given
In addition to the notice by publication required to be given by Code Section 44-13-7, the applicant or his agent shall give notice in...
- § 44-13-9 - Time Fixed by Notice for Hearing
The time fixed by the notice given pursuant to Code Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than 30...
- § 44-13-10 - Survey of Exempted Real Property; Affidavit of Surveyor; Return to Probate Court; Objection to Survey; Failure of Surveyor to Comply As Contempt
(a) The surveyor to whom the applicant delivers the order pursuant to subsection (d) of Code Section 44-13-4 shall lay off the exempted real...
- § 44-13-11 - Approval of Application; Transmittal of Copy of Exempted Real Property to Other Counties; Recordation
If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge...
- § 44-13-12 - Objections to Schedule
Should any creditor of the applicant desire to object to the schedule for want of sufficiency and fullness or for fraud of any kind...
- § 44-13-13 - Appointment of Appraisers Upon Filing of Objections; Examination and Valuation of Property; Alterations in Plat and Schedule; Approval and Recordation; Appeal
Upon an objection being made as provided for in Code Section 44-13-12, unless the applicant shall so alter the schedule or plat or both...
- § 44-13-14 - Procedure for Exempting Town Realty Valued in Excess of Exemption; Order of Probate Court; Reinvestment of Sale Proceeds; Liability of Judge or Officer
(a) If an applicant seeks to have an exemption set apart out of real property located in town which exceeds in value the amount...
- § 44-13-15 - How Cash Exempted; Investment in Personalty
When any person applies for an exemption of personalty and the personalty sought to be exempted consists of cash in whole or in part,...
- § 44-13-16 - Sale of Exempted Property for Reinvestment; Procedure; Effect
(a) Whenever the debtor shall desire the exempted property, whether real or personal, to be sold for reinvestment, an application for the sale of...
- § 44-13-17 - Sale for Reinvestment When Application Made for Debtor's Children or Dependents or by Divorced Spouse
Whenever any property has been set apart for the debtor's minor children or dependents and they desire the same to be sold for reinvestment...
- § 44-13-18 - Disposition of Rents and Profits Arising From Exempted Property
All produce, rents, or profits arising from property in this state which is exempted under this article shall be for the support of those...
- § 44-13-19 - Costs of Proceedings
Before the approval of the judge of the probate court may be demanded as provided in this article, the applicant shall pay to such...
- § 44-13-20 - Reversion of Property Set Apart for Spouse, Children, or Dependents
Property set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor children, for minor children alone, or for dependents...
- § 44-13-21 - Effect of Article on Other Exemptions
Nothing contained in this article shall be construed to prevent any debtor who does not wish to avail himself of the benefits of this...
Last modified: October 14, 2016