(a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings.
(b) If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 4 - Administration Of Decedents' Estates
Chapter 48 - Personal Representatives
Subchapter 1 - General Provisions
§ 28-48-101. Persons entitled to domiciliary letters
§ 28-48-102. Letters — Issuance — Form
§ 28-48-103. Special administrators
§ 28-48-104. Joint personal representatives
§ 28-48-105. Removal generally
§ 28-48-106. Death or incompetency — Protection of estate
§ 28-48-107. Successor personal representatives
§ 28-48-108. Compensation of personal representative — Employment of attorneys, etc
§ 28-48-109. Allowances for defending will or prosecuting its probate