Title 44, Chapter 13, Section 4
( 44-13-4)
(a) Each person seeking the benefit of the exemptions provided in
this article shall apply by petition to the judge of the probate
court of the county in which he resides or in which the debtor's
minor children or dependents reside when the application is made for
their benefit. The petition shall state: (1) The debtor for whom the exemption is claimed; (2) The names and ages of minor children and dependents of the
debtor; and (3) Out of what and whose property exemptions are claimed. The petition shall comply with all the requirements of the laws for
the setting apart and valuation of the exemptions provided by this
article. (b) The applicant shall accompany his petition with a schedule
containing a minute and accurate description of all real and
personal property belonging to the person from whose estate the
exemption is to be made so that persons interested may know exactly
what is exempted and what is not and also with a list of his
creditors and their post office addresses, if known, which must be
sworn to by the applicant or his agent. (c) For a failure to comply with this Code section either in the
original petition which may be amended at any time prior to the
final proceedings before the judge of the probate court or in the
amended petition, the judge shall dismiss the petition. (d) The applicant shall apply to the judge of the probate court for
an order to the county surveyor or, if there is none, to some other
surveyor to lay off any real property of the applicant and to make a
plat of the same, which order the judge shall issue at once and give
to the applicant. |