1-1-8. HOMESTEAD EXEMPTION.

Upon the appraisal of an estate and it appearing that a dwelling is personal property in which other heirs and/or creditors have an interest, and the dwelling is occupied by the surviving spouse and/or children of the deceased, and it further appears that said dwelling is necessary for the welfare and protection of such surviving spouse and/or children, the Court may, by order, set aside such dwelling for the benefit of said surviving spouse and/or children as a homestead for a period not to exceed ten years, provided that in case of special hardship, or emergency, the Court may extend such term from year to year thereafter, provided that any heir or heirs or creditors of the deceased shall have an opportunity to appear before the Court and protest the extension of the original terms setting aside said homestead.  The Court shall hear the evidence on any protest before making any order of extension.