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Ark. Code Ann. § 28-40-302

Proving will

Applied in 5 court decisions — leading case 94 Ark. App. 12 - Abdin v. Abdin (2006)

Most recently applied in IN RE: ESTATE OF SCHEIDE, JR. (December 2020)

Rev

How often courts cite this section

20032010202010
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.

No will of any testator shall be allowed to be proved as a lost or destroyed will unless:

(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and

(2) The will is: Proved to have been in existence at the time of the death of the testator; or

(3) Shown to have been fraudulently destroyed in the lifetime of the testator.

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.