SEC. 136. Any allowance made by the court or judge in accordance with the provisions of this article, must be paid in preference to all other charges, except funeral charges and expenses of administration; and any such allowance, whenever made, may, in the discretion of the court or judge, take effect from the death of the decedent.

SEC. 137. When property is set apart for the use of the family, in accordance with the provisions of this chapter, if the decedent left a widow or surviving husband and no minor child, such property is the property of the widow or surviving husband. If the decedent left also a minor child or children, the one-half of such property shall belong to the widow or surviving husband, and the remainder to the child, or in equal shares to the children, if there be more than one. If there be no widow or surviving husband, the whole belongs to the minor child or children.

SEC. 138. If, on the return of the inventory of the estate of an intestate, it appears that the value of the whole estate does not exceed the sum of fifteen hundred dollars, the probate court, by a decree for that purpose, must assign for the use and support of the widow and minor child or children, if there be a widow or minor child, and if no widow, then for the children, if there are any, the whole of the estate, after the payment of the expenses of his last illness, funeral charges, and expenses of the administration, and there must be no further proceedings in the administration, unless further estate be discovered; and when it so appears that the value of the whole estate does not exceed the sum of three thousand dollars, it is in the discretion of the probate court to dispense with the regular proceedings, or any part thereof, prescribed in this title, and there must be had a summary administration of the estate, and an order of distribution thereof at the end of six months after the issuing of letters. The notice to creditors must be given to present their claims within four months after

Preference

given to a 1lowance of family.

When prop

to become property of

erty set apart

surviving husband or

wife, or divi

ded with mi

nor child or children.

If widow

have separate

property chil

dren to have

her half set

apart.

Homestead

in whom

vested on

death of hus

band or wife.

When pro

bate court to

stead to per

to same.

the first publication of such notice, and those not so presented are barred as in other cases.

SEC. 139. If the widow has a maintenance derived from her own property, equal to the portion set apart to her by the preceding sections of this article, the whole property so set apart, other than her half of the homestead, must go to the minor children.

ARTICLE II. Of the Homestead.

SEC. 140. If the homestead selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, was selected from the community property, it vests, on the death of the husband or wife, absolutely in the survivor. If the homestead was selected from the separate property of either husband or wife, it vests, on the death of the person from whose property it was selected, in his or her heirs, subject to the power of the probate court to assign it for a limited period to the family of the decedent. In either case it is not subject to the payment of any debt or liability contracted by or existing against the husband and wife, or either of them, previous to or at the time of the death of such husband or wife, except as provided in the civil code.

SEC. 141. If the homestead, selected and recorded prior to the death of the decedent, be returned in the inventory appraised at not exceeding two thousand five set off home hundred dollars in value, or was previously appraised as sons entitled provided in the civil code, and such appraised value did not exceed that sum, the probate court must, by order, set it off to the persons in whom title is vested by the preceding section. If there be subsisting liens or incumbrances on the homestead, the claims secured thereby must be presented and allowed as other claims against the estate. If the funds of the estate be adequate to pay all claims allowed against the estate, the claims so secured must be paid out of such funds; if the funds of the estate be not sufficient for that purpose, the claims

Payment claims

of

of

or

liens against

homestead.

so secured shall be paid proportionally with other claims allowed, and the liens or incumbrances on the homestead shall only be enforced against the homestead for any deficiency remaining after such payment.

If homestead

tain value same may be divided, if same can be

done without

injury to the

premises.

SEC. 142. If the homestead, as selected and recorded, be returned in the inventory appraised at more than two thousand five hundred dollars, the appraisers must, before they make their return, ascertain and appraise the exceed a cervalue of the homestead at the time the same was selected, and if such value exceed two thousand five hundred dollars, or if the homestead was appraised as provided in the civil code, and such appraised value exceeded that sum, the appraisers must determine whether the premises can be divided without any material injury, and if they find that they can be thus divided, they must admeasure and set apart to the parties entitled thereto such portion of the premises, including the dwelling house, as will amount in value to the sum of two thousand five hundred dollars, and make report thereof, giving the metes, bounds, and full description of the portion set apart as a homestead. If the appraisers find that the premises exceeded in value, at the time of their selection, the sum of two thousand five hundred dollars, and that they vided cannot be divided without material injury, they must report such finding, and thereafter the court may make ceeds distriban order for the sale of the premises and the distribution of the proceeds to the parties entitled thereto.

If homestead cannot be di

without injury. same may be sold and pro

uted.

Action and

SEC. 143. Any two of the appraisers concurring may discharge the duties imposed upon the three, and make the report. A dissenting report may be made by the third appraiser. The report must state fully the acts of report of apthe appraisers. Both reports may be heard and considered by the court in determining a confirmation or rejection of the majority report, but the minority report must in no case be confirmed.

SEC. 144. When the report of the appraisers is filed the court must set a day for hearing any objections thereto from any one interested in the estate.

Notice of

praisers.

When report

of appraisers tions thereto

filed, objec

may be heard by court.

the hearing must be given for such time and in such manner as the court may direct. If the court be satisfied that the report is correct, it must be confirmed, otherwise rejected. In case the report is rejected, the When new court may appoint new appraisers to examine and report upon the homestead, and similar proceedings may be had for the confirmation or rejection of their report as upon the first report.

appraisers appointed.

Of costs under

SEC. 145. The costs of all proceedings in the probate court provided for in this chapter, must be paid by the estate, as expenses of administration. Persons succeeding, by purchase or otherwise, to the interests, rights, this chapter. and title of successors to homesteads, or to the right to have homesteads set apart to them, as in this chapter provided, have all the rights and benefits conferred by law on the persons whose interests and rights they acquire. SEC. 146. A certified copy of every final order made pursuance of this article, by which a report is consuance of this firmed, property assigned, or sale confirmed, must be recorded in the office of the recorder of the county where the homestead property is situated.

Copy of orders

made in pur

article to be recorded.

in

CHAPTER VI.-OF CLAIMS AGAINST THE ESTATE. SEC. 147. Every executor or administrator must, immediately after his appointment, cause to be published in some newspaper of the county, if there be one (if not, then in such newspaper as may be designated by the court), a notice to the creditors of the deceased, requiring all persons having claims against him to exhibit them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business, to be specified in the notice. Such notice must be published as often as the judge or court shall direct, but not less than once a week for four successive weeks; the court or judge may also direct additional notice by publication or posting. In case such executor or administrator resign or is removed before the time expressed in the notice, his successor must give notice for only the unexpired time allowed for such presentation.

Time in which claims to be present

SEC. 148. The time expressed in the notice must be ten months after its first publication when the estate exceeds in value the sum of ten thousand dollars, and ed. four months when it does not.

Proof of posting notices to

be filed.

SEC. 149. After notice is given as required by the preceding section, a copy thereof, with the affidavit of due publication, or of publication and posting, must be filed; and upon such affidavit or other testimony to the satisfaction of the court, an order or decree showing that due notice to the creditors has been given, and directing tice has been that such order or decree be entered in the minutes and recorded, must be made by the court.

Order of court showing no

given.

If claim not cording barred.

presented ac

to notice, same

Exception.

Claim for

SEC. 150. If a claim arising upon a contract heretofore made be not presented within the time limited in the notice, it is barred forever, except as follows: If it be not then due, or if it be contingent, it may be presented within one month after it becomes due or absolute; if it be made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator and the probate judge, that the claimant had no notice, as provided in this chapter, by reason of being out of the territory, it may be presented any time before a decree of distribution is entered. A claim for a deficiency remaining unpaid after a sale of property of the estate mortgaged or pledged must be presented deficiency. within one month after such deficiency is ascertained. All claims arising upon contracts hereafter made, whether the same be due, not due, or contingent, must be presented within the time limited in the notice; and ingupon conany claim not so presented is barred forever: Provided, however, That when it is made to appear by the affidavit of the claimant, to the satisfaction of the executor or administrator and the probate judge, that the claimant had no notice, as provided in this chapter, by reason of being out of the territory, it may be presented at any time before a decree of distribution is entered.

SEC. 151. Every claim which is due when presented o the administrator must be supported by the affidavit

Claims aris

tract.