(a) The venue for the probate of a will and for administration shall be:
(1) In the county in this state where the decedent resided at the time of his or her death;
(2) If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, of the property of the decedent located in this state;
(3) If the decedent had no residence or property in this state, but died in this state, then in the county in which he or she died; and
(4) If the decedent had no residence or property in this state and died outside of this state, then in any county in which a cause of action may be maintained by his or her personal representative.
(b) The proceedings shall be deemed commenced by the filing of a petition, the issuance of letters, and the qualification of a personal representative. The proceeding first legally commenced is extended to all of the property in this state.
(c)
(1) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of venue by the circuit court of the county where first commenced.
(2) If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county.
(d)
(1) If it appears to the court at any time before the order of final distribution that the proceeding was commenced in the wrong county or that it would be for the best interest of the estate, then the court, in its discretion, may order the proceeding with all papers, files, and a certified copy of all orders therein transferred to another circuit court, which need not be a court of proper venue under other provisions of this section. The other court shall thereupon proceed to complete the administration proceeding as if originally commenced therein.
(2) The bond, if any, of the personal representative filed in the court from which the proceeding is transferred shall remain in effect unless and until replaced by a new bond ordered and approved by the court to which the proceeding is transferred.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 4 - Administration Of Decedents' Estates
Chapter 40 - Probate And Grant Of Administration
Subchapter 1 - Proceedings Generally
§ 28-40-101. Character of proceeding
§ 28-40-103. Time limit for probate and administration
§ 28-40-104. No will effectual until probated — Unprobated wills admitted as evidence
§ 28-40-105. Delivery of will by custodian
§ 28-40-106. Powers of nominated executor prior to appointment
§ 28-40-107. Petition for probate and appointment of personal representative
§ 28-40-108. Requests for notices
§ 28-40-109. Hearing on petition without notice
§ 28-40-110. Notice of hearing on petitions
§ 28-40-111. Notice of appointment of personal representative
§ 28-40-112. Search for alleged decedent
§ 28-40-113. Contest of will generally
§ 28-40-114. Notice of contest
§ 28-40-116. Will subsequently presented for probate
§ 28-40-118. Manner of taking testimony
§ 28-40-119. Conditions on which probate ordered and letters granted
§ 28-40-120. Probate of will of nonresident
§ 28-40-121. Finality of order — Conclusiveness of finding of death