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Ark. Code Ann. § 28-40-119

Conditions on which probate ordered and letters granted

Applied in 1 court decision — leading case Clark v. National Bank of Commerce (1991)

Most recently applied in Clark v. National Bank of Commerce (January 1991)

Acts 1949, No. 140, § 59; A.S.A. 1947, § 62-2120.

(1) 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.

(2) 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.

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.