Code of Alabama
Ala. Code § 6-10-95 (2026)
Reduced Homestead Incapable of Allotment - Sale - When Allowed.
✓ official Alabama Legislature (ALISON) text, current July 2026
The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition.
(Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p. 1558, §1.)
Notes of Decisions
Cited in 1
case, 1979–1979 · leading case: Dorough v. Johnson, 373 So. 2d 1082 (Ala. 1979).
Dorough v. Johnson, 373 So. 2d 1082 (Ala. 1979). “Under § 6-10-95, if the homestead, after being reduced to its lowest practical area, still exceeds $6,000 in value, and the remainder of the estate is insufficient to pay the debts, then the homeplaee can be sold and $6,000 paid to the surviving spouse (and any minor children).”
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