(a) If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his or her representatives, then his or her executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his or her death, but not after that period.
(b)
(1) If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment and the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death.
(2) If no executor or administrator is appointed within that time, within one (1) year after the letters testamentary or of administration have been granted.
(c)
(1) When an action commenced within the time prescribed by law abates by reason of the death of the plaintiff, the plaintiff's executor or administrator may commence a new action within one (1) year after the death of the plaintiff if the right of action survives to his or her representatives.
(2) If any action commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally
Chapter 56 - Limitation Of Actions
Subchapter 1 - General Provisions
§ 16-56-102. Application of limitations — Setoffs
§ 16-56-103. Actions not affected by Rev. Stat., Ch. 91
§ 16-56-104. Actions with limitation of one year
§ 16-56-105. Actions with limitation of three years
§ 16-56-106. Recovery of charges for medical services
§ 16-56-107. Enforcement of security interest in livestock
§ 16-56-108. Recovery of statutory penalties
§ 16-56-109. Actions against sheriffs, coroners, and other officials
§ 16-56-110. Sheriffs', coroners', and constables' bonds
§ 16-56-111. Notes and instruments in writing and other writings
§ 16-56-113. Bonds of executors and administrators
§ 16-56-114. Judgments and decrees
§ 16-56-115. Limitation of actions not otherwise provided for
§ 16-56-116. Persons under disabilities at time of accrual of action
§ 16-56-117. Death of person entitled to sue or of a party
§ 16-56-118. Suspension of limitations — Persons in the armed forces
§ 16-56-119. Commencement of suit stayed by injunction — Effect
§ 16-56-120. Prevention of commencement of action by party
§ 16-56-121. Prevention of commencement of action — Foreign debtors absconding to this state
§ 16-56-122. Tolling statute — Verbal promise or acknowledgment insufficient
§ 16-56-123. Tolling statute — Endorsement of payment on bond or sealed instrument insufficient
§ 16-56-124. Tolling statute — Promise by joint contractor or executor
§ 16-56-125. Actions against tortfeasors whose identity is unknown
§ 16-56-127. Mutual open accounts — Accrual of cause of action