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Ark. Code Ann. § 28-40-110

Notice of hearing on petitions

Applied in 3 court decisions — leading case Boatman v. Dawkins (1988)

Most recently applied in Darlene Halbrook v. Frances Roberson, as of the Estate of Nancy Belle Park (April 2023)

Acts 1949, No. 140, § 49; A.S.A. 1947, § 62-2110; Acts 2003, No. 1185, § 277.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has been filed under the provisions of § 28-40-108, the court shall, and in all other cases the court may, fix a time and place for a hearing on the petition.

(2) Notice of the hearing shall be given by one (1) or more of the methods set out in § 28-1-112 to each heir and devisee whose name and address is given, including notice other than by publication to each person who has filed demand for notice.

(3) If it appears by the petition or otherwise that the fact of the death of the person whose estate is to be administered may be in doubt, or on the written demand of an interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the last known residence address of the alleged decedent.

(4) The notice required by this section shall be in substantially the following form:

In the Circuit Court of County, Arkansas. Estate of, deceased. To all persons interested in the Estate of, (and to the said, if he be not deceased): You are hereby notified that a petition has been filed in this court (to admit to probate the will of, and) for the appointment of a personal representative for said estate; that said petition will be heard at o'clock at on the day of, 20, or at such subsequent time or other place to which said hearing may be adjourned or transferred. Date. Probate Clerk of the Circuit Court of County, Arkansas

form.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.