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Ark. Code Ann. § 28-49-102

Treatment of certain property as real or personal

Applied in 1 court decision — leading case Joseph Fenwick v. Marcia Clark, as of the Estate of Dorothy J. Fenwick (2022)

Most recently applied in Joseph Fenwick v. Marcia Clark, as of the Estate of Dorothy J. Fenwick (August 2022)

Acts 1949, No. 140, § 99; A.S.A. 1947, § 62-2406.

(1) Unless foreclosure has been completed by the decedent and the redemption period has expired prior to his or her death, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby which come into the hands of the personal representative, or any real property acquired by the personal representative in settlement of a debt or liability, shall be deemed personalty in his or her hands and be distributed and accounted for as such. However, if the property is sold by the personal representative, it shall be sold as real property.

(2) Except as provided in subsection (a) of this section, in all cases of a sale of real property by a personal representative upon order of the court, the surplus of the proceeds of the sale remaining at the time of final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.

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.