(a) On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for probate was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud, or restraint, that the will was not revoked, and that the instrument is his or her last will, then the will shall be admitted to probate as the last will of the testator, but the order need not recite such findings.
(b) On the petition for the appointment of an executor or general administrator, the court shall determine whether the deceased died testate or intestate and shall grant letters accordingly or, on proper grounds, deny the petition.
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