Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships

§ 28-2-209. Disclaimer of power of appointment or other power not held in fiduciary capacity - If a holder disclaims a power of appointment or other...

§ 28-2-210. Disclaimer by appointee, object, or taker in default of exercise of power of appointment - (a) A disclaimer of an interest in property by an...

§ 28-2-211. Disclaimer of power held in fiduciary capacity - (a) If a fiduciary disclaims a power held in a...

§ 28-2-212. Delivery or filing - (a) In this section, “beneficiary designation” means an instrument, other...

§ 28-2-213. When disclaimer barred or limited - (a) A disclaimer is barred by a written waiver of...

§ 28-2-214. Tax-qualified disclaimer - Notwithstanding any other provision of this subchapter, if as a...

§ 28-2-215. Disclaimer of interest in real property — Recording of disclaimer - (a) If real property or an interest therein is disclaimed,...

§ 28-2-216. Minor, incompetent, or deceased beneficiary - A guardian of the property or an executor or administrator...

§ 28-2-217. Relation to Electronic Signatures in Global and National Commerce Act - This subchapter modifies, limits, and supersedes the federal Electronic Signatures...

§ 28-2-218. Uniformity of application and construction - In applying and construing this Uniform Act, consideration must be...

§ 28-2-220. Effective date - This act takes effect on September 1, 2003.

§ 28-2-221. Repeals - Sections 28-2-101 — 28-2-109 are repealed.

Subtitle 2 - Descent And Distribution

Chapter 8 - General Provisions

§ 28-8-101. Survivorship abolished - All survivorships of real and personal estate are forever abolished.

§ 28-8-102. Declaration of heirs - (a) In all cases, when any person desires to make...

Chapter 9 - Intestate Succession

Subchapter 2 - Arkansas Inheritance Code of 1969

§ 28-9-201. Title - This subchapter may be cited as the “Arkansas Inheritance Code...

§ 28-9-202. Definitions - As used in this subchapter: (1) (A) “Descendants” means a...

§ 28-9-203. Intestate succession generally - (a) Any part of the estate of a decedent not...

§ 28-9-204. Per capita distribution - Heirs will take per capita in the following circumstances: (1)...

§ 28-9-205. Per stirpes distribution - (a) (1) Heirs will take “per stirpes” if the intestate...

§ 28-9-206. Interests transmissible by inheritance - (a) Heirs may inherit every right, title, and interest not...

§ 28-9-207. Heirs as tenants in common - When real or personal property is transmitted by inheritance to...

§ 28-9-208. Male not preferred over female - The common law principle that in the matter of inheritance...

§ 28-9-209. Legitimacy of child — Effect - (a) (1) If the parents of a child have lived...

§ 28-9-210. Posthumous heirs - (a) Posthumous descendants of the intestate conceived before his or...

§ 28-9-211. Alienage - (a) No person is disqualified to inherit, or transmit by...

§ 28-9-212. Computing degrees of consanguinity - (a) (1) In computing the degrees of relationship between any...

§ 28-9-213. Kinsmen of the half blood - An intestate's kinsmen of the half blood will inherit the...

§ 28-9-214. Tables of descents - The heritable estate of an intestate as defined in §...

§ 28-9-215. Devolution where no heir under § 28-9-214 - If an heir to the heritable estate, or some portion...

§ 28-9-216. Advancements - (a) If a person dies intestate as to all his...

§ 28-9-217. Debts to decedent - A debt owed to the decedent shall not be charged...

§ 28-9-218. Doctrine of first purchaser abolished - This subchapter is intended to abolish the common law rule...

§ 28-9-219. Distinction between ancestral estates and new acquisitions abolished - (a) Only for the purposes of intestate succession, the distinction...

§ 28-9-220. Conveyance to heirs or next of kin — Doctrine of worthier title abolished - (a) When any property is limited, mediately or immediately, in...

§ 28-9-221. Child conceived after death of parent - (a) Notwithstanding the provisions of any law to the contrary,...

Chapter 10 - Uniform Simultaneous Death Act

Subchapter 2 - Uniform Simultaneous Death Act (2005)

§ 28-10-201. Definitions - In this subchapter: (1) “Co-owners with right of survivorship” includes...

§ 28-10-202. Requirement of survival by 120 hours under probate code - Except as provided in § 28-10-206, if the title to...

§ 28-10-203. Requirement of survival by 120 hours under governing instruments - Except as provided in § 28-10-206, for purposes of a...

§ 28-10-204. Co-owners with right of survivorship — Requirement of survival by 120 hours - Except as provided in § 28-10-206, if: (i) it is...

§ 28-10-205. Evidence of death or status - In addition to the rules of evidence in courts of...

§ 28-10-206. Exceptions - This subchapter does not apply if: (1) the governing instrument...

§ 28-10-207. Protection of payors, bona fide purchasers, and other third parties — Personal liability of recipient - (a) (1) A payor or other third party is not...

§ 28-10-208. Uniformity of application and construction - This subchapter shall be applied and construed to effectuate its...

§ 28-10-209. Short title - This subchapter may be cited as the “Uniform Simultaneous Death...

§ 28-10-211. Severability clause - If any provision of this subchapter or its application to...

§ 28-10-212. Effective date - (a) This subchapter takes effect January 1, 2006. (b) On...

Chapter 11 - Dower And Curtesy

Subchapter 1 - General Provisions

§ 28-11-101. Definition - As used in this chapter, “endowed” means invested and shall...

§ 28-11-102. Descent of land upon death of spouse having dower or curtesy interest - At the death of any surviving spouse who has dower...

Subchapter 2 - Entitlement Generally

§ 28-11-201. Actions of spouse not to bar right to dower or curtesy - (a) No act, deed, or conveyance executed or performed by...

§ 28-11-202. Surviving spouse of alien entitled to dower or curtesy - The surviving spouse of an alien shall be entitled to...

§ 28-11-203. Right of dower and curtesy barred - (a) The inchoate right of dower or curtesy of any...

§ 28-11-204. Murder of spouse — Effect - (a) Whenever a spouse shall kill or slay his or...

Subchapter 3 - Extent of Interest

§ 28-11-301. Land generally - (a) If a person dies leaving a surviving spouse and...

§ 28-11-302. Lands exchanged — Election - If a person seized of an estate of inheritance in...

§ 28-11-303. Mortgaged land - (a) When a person seized of an estate of inheritance...

§ 28-11-304. Sale of timber, oil, gas, or mineral leases - (a) If a person dies leaving a surviving spouse and...

§ 28-11-305. Personalty - If a person dies leaving a surviving spouse and a...

§ 28-11-306. Bonds, notes, accounts, and evidences of debt - If any person shall die leaving a surviving spouse, the...

§ 28-11-307. Dower or curtesy when no children - (a) (1) If a person dies leaving a surviving spouse...

Subchapter 4 - Provisions in Lieu of Dower or Curtesy

§ 28-11-401. Jointure or payment with spouse's assent - (a) When an estate in land shall be conveyed to...

§ 28-11-402. Jointure or payment — Election of spouse - If, before the marriage, but without a spouse's assent, or...

§ 28-11-403. Devise or bequest — Election of spouse - If land is devised to a spouse, or a pecuniary...

§ 28-11-404. Devise deemed in lieu of dower or curtesy - If any spouse shall devise and bequeath to the other...

§ 28-11-405. Forfeiture - Every jointure, devise, and pecuniary provision, in lieu of dower...

Chapter 12 - Disposition Of Community Property

§ 28-12-101. Application - This chapter applies to the disposition at death of the...

§ 28-12-102. Rebuttable presumptions - In determining whether this chapter applies to specific property, the...

§ 28-12-103. Disposition upon death - Upon the death of a married person, one-half (½) of...

§ 28-12-104. Perfection of title of surviving spouse - If the title to any property to which this chapter...

§ 28-12-105. Perfection of title of personal representative, heir, or devisee - If the title to any property to which this chapter...

§ 28-12-106. Purchaser for value or lender - (a) If a surviving spouse has apparent title to property...

§ 28-12-107. Creditor's rights - This chapter does not affect rights of creditors with respect...

§ 28-12-108. Acts of married persons - This chapter does not prevent married persons from severing or...

§ 28-12-109. Limitations on testamentary disposition - This chapter does not authorize a person to dispose of...

§ 28-12-110. Uniformity of application and construction - This chapter shall be so applied and construed as to...

§ 28-12-111. Short title - This chapter may be cited as the “Uniform Disposition of...

§ 28-12-112. Effective date - This chapter shall become effective on October 1, 1981.

§ 28-12-113. Repealer - All laws and parts of laws in conflict with this...

Chapter 13 - Escheated Estates

§ 28-13-101. Applicability of chapter - The provisions of this chapter shall apply to all estates...

§ 28-13-102. Prerequisites to escheat of property - If any person dies seized of any real or personal...

§ 28-13-103. Claims for nursing care of intestate - (a) If any person dies seized of any real or...

§ 28-13-104. Settlement of administrator's accounts - (a) When there is administration granted and there are no...

§ 28-13-105. Prosecuting attorney — Duties - (a) When there are no known heirs or legal representatives,...

§ 28-13-106. Escheat of real property — Proceedings - (a) (1) When the prosecuting attorney for the district has...

§ 28-13-107. Escheat of real property — Judgments - (a) If no person appears and pleads, or, appearing, refuses...

§ 28-13-108. Escheat of real property — Vesting title in county - (a) A writ shall be issued to the sheriff of...

§ 28-13-109. Sale of escheated real estate - (a) The county judge may cause the estate to be...

§ 28-13-110. Reclamation of escheated property - (a) (1) (A) If any person appears within seven (7)...

§ 28-13-111. Review of proceedings - Any party who has appeared to any proceedings, and the...

§ 28-13-112. County treasurer's duties - The county treasurer shall keep just accounts of all moneys...

Chapter 14 - Uniform TOD Security Registration Act

§ 28-14-101. Definitions - In this chapter, unless the context otherwise requires: (1) “Beneficiary...

§ 28-14-102. Registration in beneficiary form — Sole or joint tenancy ownership - Only individuals whose registration of a security shows sole ownership...

§ 28-14-103. Registration in beneficiary form — Applicable law - A security may be registered in beneficiary form if the...

§ 28-14-104. Origination of registration in beneficiary form - A security, whether evidenced by certificate or account, is registered...

§ 28-14-105. Form of registration in beneficiary form - Registration in beneficiary form may be shown by the words...

§ 28-14-106. Effect of registration in beneficiary form - The designation of a TOD beneficiary on a registration in...

§ 28-14-107. Ownership on death of owner - On death of a sole owner or the last to...

§ 28-14-108. Protection of registering entity - (a) A registering entity is not required to offer or...

§ 28-14-109. Nontestamentary transfer on death - (a) A transfer on death resulting from a registration in...

§ 28-14-110. Terms, conditions, and forms for registration - (a) A registering entity offering to accept registrations in beneficiary...

§ 28-14-111. Short title — Rules of construction - (1) This chapter shall be known as and may be...

§ 28-14-112. Application of act - This act applies to registrations of securities in beneficiary form...

Subtitle 3 - Wills

Chapter 24 - General Provisions

§ 28-24-101. Contracts affecting the devise of property - (a) A valid agreement made by a testator to convey...

§ 28-24-102. Sale of property devised by ward not an ademption - In case of a guardian's sale or other transfer of...

Chapter 25 - Execution And Revocation

§ 28-25-101. Who may make wills - Any person of sound mind eighteen (18) years of age...

§ 28-25-102. Witnesses - (a) Any person, eighteen (18) years of age or older,...

§ 28-25-103. Execution generally - (a) The execution of a will, other than holographic, must...

§ 28-25-104. Holographic wills generally - When the entire body of the will and the signature...

§ 28-25-105. Foreign execution - A will executed outside this state in a manner prescribed...

§ 28-25-106. Affidavit of attesting witness - (a) Any attesting witness to a will may make and...

§ 28-25-107. Incorporation of writing by reference - (a) Any writing in existence when a will is executed...

§ 28-25-108. Deposit of will with court in testator's lifetime — Disposition - (a) Deposit of Will. A will may be deposited by...

§ 28-25-109. Revocation of wills - (a) A will or any part thereof is revoked: (1)...

§ 28-25-110. Revival of revoked or invalid will - No will or any part thereof which shall be revoked,...

Chapter 26 - Construction And Operation

§ 28-26-101. Construction of will - (a) The court in which a will is probated or...

§ 28-26-102. After-acquired property - Property acquired by the testator after the making of the...

§ 28-26-103. Partial intestacy - If part but not all of the estate of a...

§ 28-26-104. Failure of a testamentary provision - Unless a contrary intent is indicated by the terms of...

§ 28-26-105. Devise of encumbered property - A valid charge or encumbrance upon any property shall not...

Chapter 27 - Uniform Testamentary Additions To Trusts Act

§ 28-27-101. Testamentary additions to trusts - (a) A will may validly devise or bequeath property to...

§ 28-27-102. Effect on existing wills - This chapter applies to a will of a testator who...

§ 28-27-103. Uniformity of application and construction - This chapter shall be applied and construed to effectuate its...

§ 28-27-104. Short title - This chapter may be cited as the “Uniform Testamentary Additions...

§ 28-27-105. Savings clause - The repeal of any statutory provision by this chapter does...

§ 28-27-106. Effective date - This chapter takes effect on August 1, 1995.

Subtitle 4 - Administration Of Decedents' Estates

Chapter 38 - General Provisions

§ 28-38-101. Joint income tax refunds - (a) The survivor of spouses with respect to whom a...

Chapter 39 - Rights Of Surviving Family Members

Subchapter 1 - Allowances to Family

§ 28-39-101. Allowances to surviving spouse and minor children - (a) (1) In addition to their homestead, dower, and curtesy...

§ 28-39-102. Right of surviving spouse to live in house for two months — Sustenance - A surviving spouse may reside in the chief residence of...

§ 28-39-103. Extension of surviving spouse's quarantine - If the dower or curtesy of any surviving spouse is...

§ 28-39-104. Allowance paid surviving spouse out of rent until apportionment of curtesy or dower - Until curtesy or dower is apportioned, the court shall order...

§ 28-39-105. Advancements to minor distributees - If the court finds that the estate is evidently solvent...

Subchapter 2 - Homestead Rights

§ 28-39-201. Rights of surviving spouse and children - (a) If the owner of a homestead dies leaving a...

§ 28-39-202. Petition to reserve homestead - (a) Whenever any resident of this state shall die, leaving...

§ 28-39-203. Appraisal of homestead — Effect - (a) Upon written application to the clerk by any party...

§ 28-39-204. Sale of homestead exceeding value limitations - (a) Whenever it shall be made to appear to the...

§ 28-39-205. Contest of commissioners' report - (a) Either party may put in issue the truth of...

§ 28-39-207. Disturbance of possession — Penalty - When the provisions of the foregoing sections have been complied...

Subchapter 3 - Assignment of Dower and Curtesy

§ 28-39-301. Assignment by heir — Acceptance - (a) It shall be the duty of the heir at...

§ 28-39-302. Assignment by heir — Grant of severance rights required - (a) The heirs in any estate cannot assign or secure...

§ 28-39-303. Proceedings for allotment - (a) If dower or curtesy is not assigned to the...

§ 28-39-304. Assignment by commissioners - (a) In all cases when it orders and decrees dower...

§ 28-39-305. Rental of indivisible property - In cases in which lands or tenements will not permit...

§ 28-39-306. Sale of property indivisible without prejudice - In proceedings in the circuit court for the allotment of...

§ 28-39-307. Rights of surviving spouse when dower or curtesy land alienated by heir - If the heir alienates lands of which a surviving spouse...

§ 28-39-308. Surviving spouse's bequest of growing crop - A surviving spouse may bequeath the crop in the ground...

§ 28-39-309. Recovery of dower or curtesy lands taken from surviving spouse — Damages - If the land assigned and laid off to any surviving...

Subchapter 4 - Taking Against the Will

§ 28-39-401. Rights of surviving spouse — Limitations - (a) When a married person dies testate as to all...

§ 28-39-402. Notice to spouse of right to elect - Within one (1) month after the will of a married...

§ 28-39-403. Spouse's time limitation for filing election - (a) The election by a surviving spouse to take against...

§ 28-39-404. Form of election — Filing - (a) (1) The election to take against the will shall...

§ 28-39-405. Right of election personal to surviving spouse - (a) The right of election of the surviving spouse is...

§ 28-39-406. Revocation of spouse's election - An election made by or on behalf of a surviving...

§ 28-39-407. Rights of children or issue — Limitations - (a) Subsequently Born or Adopted Children. Whenever a child shall...

Chapter 40 - Probate And Grant Of Administration

Subchapter 1 - Proceedings Generally

§ 28-40-101. Character of proceeding - (a) The administration of the estate of a decedent from...

§ 28-40-102. Venue - (a) The venue for the probate of a will and...

§ 28-40-103. Time limit for probate and administration - (a) No will shall be admitted to probate and no...

§ 28-40-104. No will effectual until probated — Unprobated wills admitted as evidence - (a) No will shall be effectual for the purpose of...

§ 28-40-105. Delivery of will by custodian - (a) After the death of a testator, the person having...

§ 28-40-106. Powers of nominated executor prior to appointment - (a) Prior to the probate of the will and granting...

§ 28-40-107. Petition for probate and appointment of personal representative - (a) An interested person may petition the court of the...

§ 28-40-108. Requests for notices - (a) (1) If an interested person desires to be notified...

§ 28-40-109. Hearing on petition without notice - Upon filing the petition for probate or for the appointment...

§ 28-40-110. Notice of hearing on petitions - (a) If the petition for probate or for the appointment...

§ 28-40-111. Notice of appointment of personal representative - (a) (1) (A) Promptly after the letters have been granted...

§ 28-40-112. Search for alleged decedent - Whenever there is reasonable doubt that the person whose estate...

§ 28-40-113. Contest of will generally - (a) An interested person may contest the probate of a...

§ 28-40-114. Notice of contest - (a) (1) If a statement for grounds for objection to...

§ 28-40-115. Contest of will — Rights of persons acquiring interest in property prior to filing of objections - (a) If, prior to the filing of an objection to...

§ 28-40-116. Will subsequently presented for probate - (a) If, after a petition for the probate of a...

§ 28-40-117. Proof of will - (a) An attested will shall be proved as follows: (1)...

§ 28-40-118. Manner of taking testimony - (a) If the probate of a will is not contested,...

§ 28-40-119. Conditions on which probate ordered and letters granted - (a) On a petition for the probate of a will,...

§ 28-40-120. Probate of will of nonresident - (a) When a will of a nonresident of this state,...

§ 28-40-121. Finality of order — Conclusiveness of finding of death - An order admitting a will to probate or for the...

§ 28-40-122. Certificate of probate - (a) When proved as provided in this subchapter, every will,...

§ 28-40-123. Recording will in other counties - The personal representative shall cause a certified copy of the...

Subchapter 2 - Arkansas Ante-Mortem Probate Act of 1979

§ 28-40-201. Title - This subchapter shall be known and may be cited as...

§ 28-40-202. Action for declaratory judgment - (a) Any person who executes a will disposing of all...

§ 28-40-203. Court findings — Effect - (a) If the court finds that the will was properly...

Subchapter 3 - Proving a Lost or Destroyed Will

§ 28-40-301. Circuit court jurisdiction - Whenever any will shall be lost, or destroyed by accident...

§ 28-40-302. Proving will - No will of any testator shall be allowed to be...

§ 28-40-303. Record of decree - (a) Upon a lost or destroyed will's being established by...

§ 28-40-304. Restraint of administrator - If, before or during the pendency of an application to...

Chapter 41 - Distribution Without Administration

§ 28-41-101. Collection of small estates by distributee - (a) The distributee of an estate may collect and distribute...

§ 28-41-102. Payment, transfers, or deliveries pursuant to affidavit - (a) The person making payment, transfer, or delivery pursuant to...

§ 28-41-103. Petition and order for no administration - (a) Either with or without administration, if the court shall...

§ 28-41-104. Proceedings to revoke order - At any time within one (1) year after the making...

Chapter 42 - Ancillary Administration

§ 28-42-101. General law to apply - Except when special provision is made otherwise, the law and...

§ 28-42-102. Application for ancillary letters - (a) (1) A foreign personal representative, upon the filing of...

§ 28-42-103. Ancillary personal representative — Bond - An ancillary personal representative shall give bond as required by...

§ 28-42-104. Designation of agent - Prior to the granting of ancillary letters to a nonresident,...

§ 28-42-105. Substitution of foreign for local representative - (a) (1) If any other person has been appointed local...

§ 28-42-106. Removal of assets to domiciliary jurisdiction - (a) Petition. Prior to the final disposition of the ancillary...

§ 28-42-107. Payment of claims generally - An ancillary personal representative may pay a claim against the...

§ 28-42-108. Payment of claims — Insolvent estates - (a) Equality Subject to Preferences and Security. (1) If the...

§ 28-42-109. Transfer of residue to domiciliary personal representative - (a) (1) Any movable assets remaining in the hands of...

§ 28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative - (a) At any time after the expiration of sixty (60)...

§ 28-42-111. Jurisdiction over foreign personal representative - (a) A foreign personal representative submits himself or herself to...

Chapter 48 - Personal Representatives

Subchapter 1 - General Provisions

§ 28-48-101. Persons entitled to domiciliary letters - (a) Domiciliary letters testamentary or of general administration may be...

§ 28-48-102. Letters — Issuance — Form - (a) When a duly appointed personal representative has given such...

§ 28-48-103. Special administrators - (a) For good cause shown, a special administrator may be...

§ 28-48-104. Joint personal representatives - (a) Unless otherwise provided by will, the powers given to...

§ 28-48-105. Removal generally - (a) (1) When the personal representative becomes mentally incompetent, disqualified,...

§ 28-48-106. Death or incompetency — Protection of estate - (a) The death of a personal representative or the appointment...

§ 28-48-107. Successor personal representatives - (a) When a personal representative dies, is removed by the...

§ 28-48-108. Compensation of personal representative — Employment of attorneys, etc - (a) The personal representative shall be allowed such compensation for...

§ 28-48-109. Allowances for defending will or prosecuting its probate - (a) When any person nominated in a will as executor...

Subchapter 2 - Bond

§ 28-48-201. Bond required - (a) Prior to the issuance of letters and except as...

§ 28-48-202. Failure to give bond or file acceptance - If at any time a personal representative fails to give...

§ 28-48-203. Sureties - (a) Unless authorized by special order of the court, no...

§ 28-48-204. Form - With appropriate variations in the case of an executor, administrator...

§ 28-48-205. Approval of bond required - (a) No bond of a personal representative shall be deemed...

§ 28-48-206. Increase or reduction in amount — Dispensing with bond - (a) The court may at any time increase or decrease...

§ 28-48-207. Obligations - (a) The bond of the personal representative shall run to...

§ 28-48-208. Enforcement of obligations - (a) The execution of the bond of a personal representative...

§ 28-48-209. Agreement to deposit assets - It shall be lawful for the personal representative to agree...

Subchapter 3 - Public Administrators

§ 28-48-301. Sheriff - (a) By virtue of his or her office, the sheriff...

§ 28-48-302. Inventory and administration - The public administrator shall make an inventory of all property...

§ 28-48-303. Bond - The sheriff and the sureties on his or her official...

§ 28-48-304. Accounting to regular personal representative - Upon the appointment of a general personal representative in an...

§ 28-48-305. Expiration of sheriff's term - If, at the expiration of his or her term of...

Chapter 49 - Management Of Assets

§ 28-49-101. Possession by personal representative - (a) A personal representative shall have the right to, and...

§ 28-49-102. Treatment of certain property as real or personal - (a) Unless foreclosure has been completed by the decedent and...

§ 28-49-103. Discovery of assets - (a) If a personal representative or other person interested in...

§ 28-49-104. Settlements - (a) When it appears to be for the best interest...

§ 28-49-105. Recovery for property embezzled or converted - If any person embezzles or converts to his or her...

§ 28-49-106. Abandonment of property - When any property is valueless, or is so encumbered, or...

§ 28-49-107. Property not paid for - (a) If a decedent has purchased any real or personal...

§ 28-49-108. Mortgaged property - (a) If a decedent has mortgaged any real or personal...

§ 28-49-109. Fraudulent conveyances - (a) A personal representative of a grantor who has fraudulently...

§ 28-49-110. Inventories - (a) (1) Except as provided in this section, within two...

§ 28-49-111. Debt of executor - Nomination in a will of any person as executor shall...

§ 28-49-112. Continuation of business - (a) (1) Unless a testator shall otherwise direct by his...

§ 28-49-113. Power to borrow money - Upon a showing that such an action will be advantageous...

§ 28-49-114. Performance of decedent's contracts of sale - (a) When a decedent shall have entered into a contract...

§ 28-49-115. Investment of funds - Subject to his or her primary duty to preserve the...

§ 28-49-116. Bank deposits - A personal representative may, and when ordered by the court...

§ 28-49-117. Authority to execute joint tax returns - (a) Except as otherwise directed by the decedent in his...

Chapter 50 - Claims Against Estates

§ 28-50-101. Limitations on filing of claims - (a) Statute of Nonclaim. (1) Except as provided in §§...

§ 28-50-102. Commencement or revival of actions - (a) The provisions of § 28-50-101 shall not preclude the...

§ 28-50-103. Form and verification of claims - (a) No claim shall be allowed against an estate on...

§ 28-50-104. Presentation and filing of claims - (a) (1) A person having a claim against an estate...

§ 28-50-105. Allowance of claims - (a) (1) Except as provided in subsections (b) and (c)...

§ 28-50-106. Classification and payment of claims - (a) At the time of their allowance, all claims shall...

§ 28-50-107. Claims of personal representative - A personal representative may establish a claim he or she...

§ 28-50-108. Claims not due - (a) Upon proof of a claim which will become due...

§ 28-50-109. Secured claims - (a) If a claim is secured, in whole or in...

§ 28-50-110. Contingent claims - (a) (1) Contingent claims which cannot be allowed as absolute...

§ 28-50-111. Payment of contingent claims by distributees — Contribution - (a) If a contingent claim shall have been presented and...

§ 28-50-112. Compromise of claims - When a claim against the estate has been filed or...

§ 28-50-113. Payment of claims - (a) Upon expiration of six (6) months after the date...

§ 28-50-114. Execution and levies prohibited - (a) No execution shall issue upon nor shall any levy...

Chapter 51 - Transfers Of Property

Subchapter 1 - General Provisions

§ 28-51-101. No priority between real and personal property - (a) In determining what property of the estate shall be...

§ 28-51-102. Grant of power in will - When power to sell, mortgage, lease, or exchange property of...

§ 28-51-103. Transfers pursuant to court orders - (a) Real or personal property belonging to an estate may...

§ 28-51-104. Sale of a homestead - The homestead of a decedent, while it remains the homestead...

§ 28-51-105. Terms of sale - (a) In all sales of real or personal property, the...

§ 28-51-106. Purchase by personal representative - A personal representative shall not purchase property of the estate...

§ 28-51-107. Purchase by holder of lien - (a) At any sale of real or personal property upon...

§ 28-51-108. Exchange of property - Whenever it shall appear upon the petition of the personal...

§ 28-51-109. Validity of proceedings — Appeals - (a) (1) The findings of fact and conclusions of law...

Subchapter 2 - Personal Property

§ 28-51-201. Sale, mortgage, lease, or exchange - (a) The petition of a personal representative for authority to...

§ 28-51-202. Sale of perishable property - Perishable personal property may be sold by the personal representative...

§ 28-51-203. Sale, mortgage, or lease of real and personal property as a unit - Whenever in the discretion of the court it is for...

Subchapter 3 - Real Property Interests

§ 28-51-301. Sale, mortgage, or lease - (a) (1) Upon petition of a personal representative, the court...

§ 28-51-302. Appraisal - (a) (1) Before a personal representative shall sell real property,...

§ 28-51-303. Order for sale, mortgage, or lease - (a) The order for sale, mortgage, or lease shall describe...

§ 28-51-304. Sales at public auction - (a) (1) In all sales of real property at public...

§ 28-51-305. Report and confirmation - (a) Within ten (10) days after making any sale, mortgage,...

§ 28-51-306. Execution of conveyance — Recordation - (a) Upon the confirmation of any sale, mortgage, or lease...

§ 28-51-307. Expenses of sale - In connection with the sale, mortgage, lease, or exchange of...

§ 28-51-308. Platting and dedication - When it is for the best interest of the estate...

§ 28-51-309. Waiver of landlord's lien - In order to enable a lessee, tenant, or sharecropper on...

Chapter 52 - Accounting

§ 28-52-101. Liability of personal representative - (a) Property of the Estate. A personal representative shall be...

§ 28-52-102. Duty to close estate - (a) A personal representative shall close the estate as promptly...

§ 28-52-103. Filing of accounts - (a) A personal representative must file with the court a...

§ 28-52-104. Form of accounts - (a) Accounts rendered by a personal representative shall: (1) Cover...

§ 28-52-105. Petitions for settlement and distribution - (a) At the time of filing an account, the personal...

§ 28-52-106. Notice of filing of accounts - During the first week of each month the clerk shall...

§ 28-52-107. Continuance — Hearing — Objections - (a) Every account filed by a personal representative shall be...

§ 28-52-108. Reference to auditor - (a) In its discretion, the court may refer an account...

§ 28-52-109. Order settling account - (a) Upon the approval of the account of a personal...

§ 28-52-110. Supplemental account - Receipts and disbursements by the personal representative subsequent to the...

Chapter 53 - Distribution And Discharge

Subchapter 1 - General Provisions

§ 28-53-101. Determination of heirship - (a) Right to Bring Proceedings. Whenever a person has died...

§ 28-53-102. Partial distribution - (a) Delivery of Specific Property to Distributee Before Final Order....

§ 28-53-103. Order of final distribution — Notice and hearing - (a) Upon the filing of a final account of a...

§ 28-53-104. Order of final distribution — Contents - (a) The order authorizing, directing, or approving a final distribution...

§ 28-53-105. Order of final distribution — Conclusiveness - (a) The order of final distribution shall be a conclusive...

§ 28-53-106. Account not approved - If the final account is not approved, the court shall...

§ 28-53-107. Abatement - (a) Except as provided in subsection (c) of this section,...

§ 28-53-108. Contribution - (a) When real or personal property which has been specifically...

§ 28-53-109. Determination of advancements - (a) All questions of advancements made or alleged to have...

§ 28-53-110. Improper distributions - (a) Unless the distribution or payment no longer can be...

§ 28-53-111. Setoffs - When a distributee of an estate is indebted to the...

§ 28-53-112. Interest — Income and increment - (a) Interest. Unless a contrary intent is indicated by will,...

§ 28-53-113. Exoneration of encumbered property - As between the distributees, secured debts shall be discharged out...

§ 28-53-114. Distribution in kind - (a) When the estate is otherwise ready to be distributed,...

§ 28-53-115. Partition - (a) When two (2) or more distributees are entitled to...

§ 28-53-116. Missing or unavailable distributees - (a) (1) If, upon the filing of a petition for...

§ 28-53-117. Escheats - No part of the present law of escheats shall be...

§ 28-53-118. Discharge of personal representative - (a) (1) Upon the filing of evidence satisfactory to the...

§ 28-53-119. Reopening administration - (a) (1) If, after an estate has been settled and...

Subchapter 2 - Transfers to Surviving Spouses

§ 28-53-201. Prior law and distributions unaffected - This subchapter shall not be deemed to create any implication...

§ 28-53-202. Applicability of subchapter - This subchapter shall be effective with respect to all wills...

§ 28-53-203. Allocation of assets with value equivalent to federal estate tax value - Whenever under any last will and testament or trust instrument...

§ 28-53-204. Assets distributed to be representative of appreciation or depreciation of all assets - A provision in a last will and testament or trust...

§ 28-53-205. Alternative valuations - (a) Whenever there is a provision in the will or...

Chapter 54 - Uniform Estate Tax Apportionment Act

§ 28-54-101. Short title - This chapter may be cited as the Uniform Estate Tax...

§ 28-54-102. Definitions - In this chapter: (1) “Apportionable estate” means the value of...

§ 28-54-103. Apportionment by will or other dispositive instrument - (a) Except as otherwise provided in subsection (c), the following...

§ 28-54-104. Statutory apportionment of estate taxes - To the extent that apportionment of an estate tax is...

§ 28-54-105. Credits and deferrals - Except as otherwise provided in §§ 28-54-106 and 28-54-107, the...

§ 28-54-106. Insulated property — Advancement of tax - (a) In this section: (1) “Advanced fraction” means a fraction...

§ 28-54-107. Apportionment and recapture of special elective benefits - (a) In this section: (1) “Special elective benefit” means a...

§ 28-54-108. Securing payment of estate tax from property in possession of fiduciary - (a) A fiduciary may defer a distribution of property until...

§ 28-54-109. Collection of estate tax by fiduciary - (a) A fiduciary responsible for payment of an estate tax...

§ 28-54-110. Right of reimbursement - (a) A person required under § 28-54-109 to pay an...

§ 28-54-111. Action to determine or enforce chapter - A fiduciary, transferee, or beneficiary of the gross estate may...

§ 28-54-112. Uniformity of application and construction - In applying and construing this uniform act, consideration must be...

§ 28-54-113. Severability - If any provision of this chapter or the application thereof...

§ 28-54-114. Delayed application - (a) Sections 28-54-103 — 28-54-107 do not apply to the...

§ 28-54-115. Effective date - This chapter takes effect on January 1, 2008.

Subtitle 5 - Fiduciary Relationships

Chapter 65 - Guardians Generally

Subchapter 1 - General Provisions

§ 28-65-101. Definitions - As used in this chapter: (1) “Essential requirements for health...

§ 28-65-102. Relationship of chapter to Uniform Veterans' Guardianship Act - (a) The provisions of this chapter shall: (1) Extend to...

§ 28-65-103. Applicability of other acts - (a) The provisions of §§ 28-1-101 — 28-1-104, 28-1-106, 28-1-108...

§ 28-65-104. Incapacitated persons - For purposes of this chapter, the following persons are incapacitated...

§ 28-65-105. Purpose of guardianship - Guardianship for an incapacitated person shall be: (1) Used only...

§ 28-65-106. Rights of incapacitated persons - (a) A ward is not presumed to be incompetent and...

§ 28-65-107. Jurisdiction of courts - (a) The jurisdiction of the circuit court over all matters...

§ 28-65-108. Compensation of guardian - (a) A guardian shall be allowed such compensation for his...

§ 28-65-109. Actions by ward against guardian - An action by a ward against his or her guardian...

§ 28-65-110. Rights of relatives - (a) (1) If a relative has reason to believe coupled...

Subchapter 2 - Appointment

§ 28-65-201. For whom guardian may be appointed - (a) A guardian of the estate may be appointed for...

§ 28-65-202. Venue - (a) The venue for the appointment of a guardian shall...

§ 28-65-203. Qualifications of guardian - (a) (1) A natural person is qualified to be appointed...

§ 28-65-204. Preferences - (a) The parents of an unmarried minor, or either of...

§ 28-65-205. Petition - (a) Any person may file a petition for the appointment...

§ 28-65-206. Single guardianship for two or more incapacitated persons - When an application is made for the appointment of a...

§ 28-65-207. Notice of hearing for appointment - (a) Notice of the hearing for the appointment of a...

§ 28-65-208. Notice of other hearings - Whenever notice of a hearing in a guardianship proceeding is...

§ 28-65-209. Request for special notice of hearings - (a) (1) At any time after the issuance of letters...

§ 28-65-210. Proof required for appointment of guardian - Before appointing a guardian, the court must be satisfied that:...

§ 28-65-211. Determination of incapacity — Evidence required - (a) The fact of minority, disappearance, or detention, or confinement...

§ 28-65-212. Evaluations - (a) (1) A professional evaluation shall be performed prior to...

§ 28-65-213. Hearing — Effect of determinations - (a) At the hearing, the respondent shall have the right...

§ 28-65-214. Guardianship order - (a) A court order establishing a guardianship shall contain findings...

§ 28-65-215. Bond of guardian - (a) If the guardianship is to be of the person...

§ 28-65-216. Issuance of letters - (a) When a guardian has given such bond as may...

§ 28-65-217. Form of letters - (a) Letters of guardianship shall be in substantially the following...

§ 28-65-218. Temporary guardian - (a) (1) Except as provided under subdivision (a)(2) of this...

§ 28-65-219. Substitution — Removal - (a) When a minor ward has attained fourteen (14) years...

§ 28-65-220. Successor guardian - When a guardian dies, is removed by order of the...

§ 28-65-221. Standby guardians - (a) Without surrendering parental rights, any parent who is chronically...

Subchapter 3 - Powers and Duties

§ 28-65-301. Duties of guardians generally - (a) (1) It shall be the duty of the guardian...

§ 28-65-302. Decisions requiring court approval - (a) (1) No guardian appointed prior to October 1, 2001,...

§ 28-65-303. Care, treatment, and confinement of ward - (a) (1) If the ward is incapacitated for reasons other...

§ 28-65-304. Title and possession of estate - The guardian of the estate shall take possession of all...

§ 28-65-305. Actions — Service of process - (a) When there is a guardian of the estate, all...

§ 28-65-306. Enforcement of contracts - (a) When, prior to his or her incapacity, an incapacitated...

§ 28-65-307. Continuation of business — Liability - (a) If, at the time of the appointment of a...

§ 28-65-308. Power to borrow money, make gifts, etc - (a) Upon a showing that the action would be advantageous...

§ 28-65-309. Periodic allowances - (a) The guardian of the estate, or any person, department,...

§ 28-65-310. Support of minor ward - (a) The support of their unmarried minor children is chargeable...

§ 28-65-311. Investments - (a) The guardian of the estate may, and when ordered...

§ 28-65-312. Retention of property and investment - (a) If it is in the best interest of the...

§ 28-65-313. Purchase of home - (a) The court may authorize the purchase of real property...

§ 28-65-314. Sales, mortgages, etc., of property generally - (a) (1) The real or personal property of the ward...

§ 28-65-315. Oil, gas, and mineral interests — Sale, lease, etc - (a) (1) The guardian of the estate of an incompetent...

§ 28-65-316. Oil, gas, and mineral interests — Agreements for operation and development - Upon petition of the guardian of the estate and after...

§ 28-65-317. Payment of claims - (a) (1) A guardian of the estate is under a...

§ 28-65-318. Compromise settlements - (a) On petition of the guardian of the estate, the...

§ 28-65-319. Employment of professionals - (a) (1) The guardian may employ legal counsel in connection...

§ 28-65-320. Accounting - (a) Unless otherwise directed by the court, a guardian of...

§ 28-65-321. Inventory — Appraisement - (a) The guardian of the estate shall file an inventory...

§ 28-65-322. Reports - All guardians shall file an annual report with the court....

§ 28-65-323. Administration of deceased ward's estate - (a) Upon the death of a ward, the guardian of...

Subchapter 4 - Termination of Guardianship

§ 28-65-401. Termination generally - (a) A guardianship is terminated: (1) If the guardianship was...

§ 28-65-402. Restoration of capacity of ward - (a) If any person alleges in writing, verified by oath,...

§ 28-65-403. Discharge of guardian and surety - (a) Upon the guardian of an estate's filing receipts or...

Subchapter 5 - Dispensing with Guardianship

§ 28-65-501. Dispensing with guardianship generally - (a) The parents of a minor, jointly with equal authority...

§ 28-65-502. Dispensing with guardianship in small estate - When the whole estate of a minor or an incompetent...

§ 28-65-503. Ward receiving public assistance - (a) The circuit court in its discretion, without the appointment...

Subchapter 6 - Foreign Guardians

§ 28-65-601. Petition to act in Arkansas - (a) If an incompetent person who is a resident of...

§ 28-65-602. Grant or denial of petition to act in Arkansas — Effect - (a) Upon being satisfied that the foreign guardian is duly...

§ 28-65-603. Corporate guardians - If the foreign guardian is a corporation, it need not...

§ 28-65-604. Applicability - This subchapter does not apply to foreign guardianships under the...

Subchapter 7 - Public Guardian for Adults

§ 28-65-701. Office of Public Guardian for Adults — Creation - (a) The Office of Public Guardian for Adults is created....

§ 28-65-702. Public Guardian for Adults — Appointment — Qualifications - (a) (1) The Office of Chief Counsel of the Department...

§ 28-65-703. Public Guardian for Adults — Duties - (a) The Public Guardian for Adults: (1) Shall administer and...

§ 28-65-704. Correspondence and legal process - All correspondence and legal process regarding a public guardianship under...

§ 28-65-705. No bond, fee, or copy charge required - (a) Bond shall not be required in connection with public...

§ 28-65-706. Termination of guardianships - (a) The court having jurisdiction of the ward may terminate...

§ 28-65-707. Department of Human Services — Adoption of rules - The Department of Human Services may adopt rules necessary to...

Chapter 66 - Uniform Veterans' Guardianship Act

§ 28-66-101. Definitions - As used in this chapter: “Person” means an individual, a...

§ 28-66-102. Administrator as party in interest - The administrator shall be a party in interest in any...

§ 28-66-103. Application - Whenever, pursuant to any law of the United States or...

§ 28-66-104. Limitation on number of wards - No person other than a bank or trust company shall...

§ 28-66-105. Appointment of guardians - (1) A petition for the appointment of a guardian may...

§ 28-66-106. Evidence of necessity for guardian for infant - Where a petition is filed for the appointment of a...

§ 28-66-107. Evidence of necessity for guardian for incompetent - Where a petition is filed for the appointment of a...

§ 28-66-108. Notice - Upon the filing of a petition for the appointment of...

§ 28-66-109. Bond - (1) Upon the appointment of a guardian, he shall execute...

§ 28-66-110. Petitions and accounts, notices and hearings - (1) Every guardian who has received or shall receive on...

§ 28-66-111. Penalty for failure to account - If any guardian shall fail to file with the court...

§ 28-66-112. Compensation of guardians - Compensation payable to guardians shall be based upon services rendered...

§ 28-66-113. Investments - (a) (1) A guardian shall invest the surplus funds of...

§ 28-66-114. Maintenance and support - A guardian shall not apply any portion of the income...

§ 28-66-115. Purchase of home for ward - (1) The court may authorize the purchase of the entire...

§ 28-66-116. Copies of public records to be furnished - When a copy of any public record is required by...

§ 28-66-117. Discharge of guardian and release of sureties - In addition to any other provisions of law relating to...

§ 28-66-118. Commitment to Veterans' Administration or other agency of United States Government - (1) Whenever, in any proceeding under the laws of this...

§ 28-66-119. Liberal construction - This chapter shall be so construed to make uniform the...

§ 28-66-120. Short title - This chapter may be cited as the “Uniform Veterans' Guardianship...

§ 28-66-121. Severability - If any provision of this chapter or application thereof to...

§ 28-66-122. Modification of prior laws - All acts or parts of acts relating to beneficiaries of...

§ 28-66-123. Application of chapter - The provisions of this chapter relating to surety bonds and...

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Arkansas Code Title 28 - Wills, Estates, and Fiduciary Relationships

Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships