Q May the Chancery Clerk or Department of Revenue require a surviving spouse to verify his or her age and continued eligibility for a homestead exemption upon the passing of the original applicant? If such proof is presented, may he/she be required to file a new application?

A Yes, verification may be required as per Section 27-33-31(1)(a) and (q). If continued eligibility is verified, Section 27-33-31(1)(a) specifically states that “the requirement to file a new application shall not apply to a surviving spouse who is still eligible for homestead exemption.” (Attorney General’s Opinion to Nowak, June 21, 2013)