(a) If, prior to the filing of an objection to the probate of a will, real or personal property or any security interest therein is acquired for value by a purchaser from, or a lender to, the personal representative of the estate or a distributee or devisee of the property by the terms of a will, the purchaser or lender shall take title free of rights of any interested person in the estate and incurs no personal liability to the estate or to any interested person whether or not the distribution was proper or supported by court order.
(b)
(1) This section protects a purchaser from, or lender to, a distributee, devisee, or personal representative who has executed a deed or security instrument to the purchaser or lender prior to the filing of objections to the will.
(2) To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee or devisee are the same person.
(c) Any properly recorded instruments conveying such property on which a state documentary fee is noted pursuant to §§ 26-60-101 — 26-60-103 and 26-60-105 — 26-60-112 shall be prima facie evidence that the transfer was made for value and shall not be adversely affected should a will be later set aside in the manner provided by law.
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