(a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian of the person when it shall appear to the court from legal evidence that the interest of the other owner or owners would be advanced thereby and that the interest of the incompetent person would not be injuriously affected.
(b) The sale of the interest and the disposition of the proceeds derived therefrom shall be controlled in the same manner as provided by law in sales by guardians of real property wherein their wards have an interest.
(c) It is the specific intent of this section to enable guardians, regardless of their wards' interest in real property, technical estate by which held, or the relationship to the ward, to sell the interest of the ward in the property subject to the provisions of subsection (a) of this section.
Structure Arkansas Code
Chapter 60 - Miscellaneous Proceedings Relating to Property
Subchapter 4 - Partition and Sale of Land
§ 18-60-401. Petition — Determination of heirs property — Applicability
§ 18-60-403. Parties generally
§ 18-60-405. Guardians for infants or individuals with mental illness
§ 18-60-406. Court-appointed guardians for minors
§ 18-60-407. Constructive service
§ 18-60-409. Court order for division
§ 18-60-413. No partition contrary to terms of will
§ 18-60-414. Appointment of commissioners
§ 18-60-415. Duties of commissioners
§ 18-60-416. Court action on commissioners' report
§ 18-60-417. Deeds of partition
§ 18-60-420. Sale of land not susceptible to division
§ 18-60-421. Commissioners or other interested parties not to purchase
§ 18-60-422. Report and confirmation of sale — Conveyances
§ 18-60-423. Distribution of sale proceeds
§ 18-60-424. Sale without commissioners
§ 18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc
§ 18-60-426. Sale of land held jointly or otherwise by incompetent person