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impartially appraise the property of the estate of C D, deceased, exhibited to them, according to the best of their knowledge and

ability.

[Jurat.]

[Signatures.]

INVENTORY AND APPRAISEMENT.

Value.

Moneys in hands of executor or administrator

Claim of decedent against the executor (or administrator)|
The S. W. 4 of section 7 north, range · E., M. D. M
(This real estate was at the time of the death of the
decedent his homestead, selected and recorded as
such during his lifetime)

Lot 2 in block, in the city of

[blocks in formation]

in the county of

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[and so on as to all the property of the estate of the deceased in the manner indicated in section 1445, C. C. P.]

And we, said appraisers, estimate and appraise the property of the estate of the deceased above described at dollars; and we report that the following property above described, namely: [describe such property] was at the time of his death the community property of himself and his surviving wife, E F, and that the residue of the property described in this inventory was his separate property;

And we return and report that the homestead described in this inventory was selected by the wife of the decedent out of his separate property, and that he did not join in such selection;

[Or we return and report that the homestead described in this inventory was selected from the community property of the decedent by himself [and wife] [or was selected by the decedent and his wife] from his separate property] [or was selected by the wife of the decedent [and the decedent] from her separate property;]

And we further return and report that we have ascertained and appraised the value of said homestead at the time it was selected and recorded at the sum of

dollars;

dollars;

[Or said homestead was appraised under the provisions of the Civil Code, and its appraised value was then and we have determined and report that said premises so selected

and recorded as a homestead can be divided without material injury, and we have admeasured and set apart to the parties entitled thereto, such portions of said premises including the dwelling house thereon, as will amount in value to the sum of five thousand dollars;]

And we report the following full description of the portion of said premises to set apart by us as a homestead; [describe by metes and bounds the portion to set apart.]

[Or, we have determined, find and report that the premises. so selected and recorded as a homestead cannot be divided without material injury.]

[Date.]
[Venue.]

Signatures of Appraisers.

We, [state the names of the appraisers] being severally duly sworn, say: that the account of their services and disbursements in making this inventory is:

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A B being duly sworn, says: That I am the executor of the will [or administrator of the estate] of C D, deceased, and that the foregoing inventory of the estate of C D, deceased, contains a true statement of all of the estate of said C D, deceased, which has come to my knowledge and possession, and particularly of all money belonging to the decedent, and of all just claims of the decedent against me.

[Jurat.]

A B.

If there was no homestead selected and recorded there need be no report of the appraisers as to a homestead. If the homestead selected and recorded was ascertained and appraised at the time of such selection at a sum not exceeding $5000, or, if such homestead had been appraised as provided in the Civil Code, and such appraised value did not exceed $5000, or, if the appraised value of the homestead at the time of the death of the decedent did not exceed $5000, or, if the homestead was selected by the wife of the decedent out of his separate property, and he did not join in such selection, there need be no further report of the appraisers as to the homestead property.

When the inventory includes a report of the appraisers as to a homestead, and is filed, the court should make an order setting a day for the hearing of any objections thereto from any one interested in the estate. Code of Civil Procedure, sections 1475, 1476, 1478.

BUDD-41

FORM NO. 267.

ORDER SETTING A DAY FOR THE HEARING OF REPORT OF THE APPRAISERS AS TO HOMESTEAD.

[Title of Proceeding.]

The inventory of the estate of C D, deceased, having been filed, and the appraisers having reported therein that the following described property [describe it] is a homestead, and their actions in relation thereto, the court sets the - day of

at

o'clock m. for hearing any objections to such report by any one interested; and the clerk of the court is directed to give notice of such time set for such hearing by posting a copy of this order in three public places in said county of

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ten days before said day of

at least

[Date.]

FORM NO. 268.

Judge.

ORDER SETTING APART TO THE SURVIVING HUSBAND OR WIFE A HOMESTEAD DULY SELECTED AND RECORDED.

[Title of Proceeding.]

The inventory of the estate of C D, said decedent, having been returned and filed in this court, and the appraisers having filed therein their report, and the report of such appraisers having shown that the real estate described therein, and hereinafter described was the homestead of the decedent and his surviving wife, [or her surviving husband] and the same having been appraised in said inventory at a sum not exceeding five thousand dollars in value, and the court having set the day of - o'clock m. for hearing objections to said report by any one interested in the estate of C D, deceased, and notice of such hearing having been duly given, for the time, and in the manner directed by this court, and the matter coming on regularly to be heard on this day of and no one appearing and objecthaving objected to such report]

ing to said report, [or

at

and evidence having been introduced, the court finds there from that the real estate described in said report as, [describe the real

estate as described in the report] was at the time of the death of the decedent, the homestead of the decedent, and of E F, his surviving wife [or her husband] and was duly selected, designated and recorded as such homestead during the life of said. C D, and that it does not exceed five thousand dollars in value; NOW, THEREFORE, IT IS ORDERED AND DECREED that said report of said appraisers be, and the same is confirmed, and that said [describe the property] be, and the same is set apart for the use and benefit of E F, said surviving wife [or husband] of said decedent, to be her [or his] property. [Date.]

Judge.

FORM NO. 269.

ORDER ASSIGNING AND SETTING APART FOR A LIMITED PERIOD A HOMESTEAD SELECTED OUT OF THE SEPARATE PROPERTY OF THE DECEDENT WHEN HE OR SHE DID NOT JOIN IN SUCH SELECTION.

[Title of Proceeding.]

-

It appearing to the court from the inventory and the report of the appraisers therein returned and filed in this court in the matter of the estate of C D, deceased, that a homestead was selected, designated and recorded in the lifetime of the deceased by his wife [or her husband] out of his [or her] separate property, and that he [or she] did not join therein, and the court after such inventory and report were filed, having set the day of - at o'clock m. for the hearing of objections to the report by any one interested in the estate of the deceased, and it having been proven that notice of such hearing had been duly given for the time and in the manner as directed by the court, and the matter coming on regularly to be heard on this day of and no one appearing and objecting [or appeared and objected] and evidence having been introduced and considered by the court, and the court being satisfied therefrom that said report is correct, and that the family of the deceased consists of E F, his surviving wife [or her surviving husband] and minor children of the deceased;

and

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IT IS THEREFORE ORDERED AND DECREED that said report of the appraisers of the estate of C D, deceased, be, and the same is confirmed;

AND IT IS FURTHER ORDERED AND DECREED that the said real property of the deceased, so selected and recorded as a homestead and described as [describe the property] be, and it is assigned and set apart as a homestead for the family of the decedent until the day of [Date.]

Judge.

FORM NO. 270.

ORDER AND DECREE ON THE HEARING WHEN THE APPRAISED VALUE OF THE HOMESTEAD PROPERTY EXCEEDS $5000, AND THE HOMESTEAD PROPERTY CAN BE DIVIDED.

[Title of Proceeding.]

The inventory of the estate of C D, said decedent, having been returned and filed in this court, and the appraisers having filed their report, and such report shows that the real estate described therein as the [describe the property selected as a homestead] was the homestead of the decedent, and E F, his surviving wife; and the same having been appraised in said inventory at a sum exceeding five thousand dollars in value, and said appraisers having determined and reported that said homestead property could be divided without material injury; and said appraisers having admeasured and set apart as a homestead, such portion of said homestead premises including the dwelling house as amounts in value to the sum of five thousand dollars, and made report thereof, giving a full description of the portion so set apart as a homestead, and the court having set the day of at o'clock m. for hearing objections to said report by any one interested in the estate of C D, deceased; and notice of such hearing having been duly given, and the matter coming on regularly to be heard on this day of and no one appear

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having objected to

ing and objecting to said report, [or said report] and evidence having been introduced and considered, the court confirms said report; and it is ordered that the follow

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