Public-domain · open source
OpenJurist

Ark. Code Ann. § 28-48-107

Successor personal representatives

Applied in 2 court decisions — leading case Pickens v. Black (1994)

Most recently applied in Green v. McAuley (October 1997)

Acts 1949, No. 140, §§ 73, 74; A.S.A. 1947, §§ 62-2204, 62-2205.

(1) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint another personal representative in his or her place upon the motion or petition of an interested person.

(2) When a personal representative in succession or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of his or her predecessor or of the executor nominated in the will, except that he or she shall not exercise powers given in the will which by its terms are clearly personal to the executor therein nominated.

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.