Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
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...