Probate Code
Arkansas · Wills, Estates, and Fiduciary Relationships · §§ 28-1-101 to 28-1-119 · 19 sections
Overview
This act governs the administration of decedents' estates and related court-supervised fiduciary matters, fixing which court has probate jurisdiction, in what county it is exercised, and where that jurisdiction is shared with other courts. It establishes the machinery of administration: appointment of fiduciaries and the bonds, certificates, and authority under which they act; appraisal, discovery, and disposition of estate property, including encumbered and abandoned assets; compromise of claims held by and against an estate; and accountings, costs, fiduciary and attorney compensation, distribution to heirs, and final discharge. It also sets standards for investing fiduciary funds — prudent investment, use of investment companies and common trust funds, and holding assets in a nominee's name with ownership recorded — and provides for declaratory determinations of heirship, appointment of counsel for persons not represented, and recognition of fiduciaries appointed elsewhere who file their certificate of appointment locally.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 79 court decisions.
Most-cited authority: 328 Ark. 263 - Dunklin v. Ramsay
Sections covered
- Ark. Code Ann. § 28-1-101Title
- Ark. Code Ann. § 28-1-102Definitions12 cites
- Ark. Code Ann. § 28-1-103Effect of code
- Ark. Code Ann. § 28-1-104Probate proceedings19 cites
- Ark. Code Ann. § 28-1-105[Repealed.]
- Ark. Code Ann. § 28-1-106Referees and probate clerks
- Ark. Code Ann. § 28-1-107[Repealed.]
- Ark. Code Ann. § 28-1-108Records
- Ark. Code Ann. § 28-1-109Petition — Verification2 cites
- Ark. Code Ann. § 28-1-110Filing objections to petition
- Ark. Code Ann. § 28-1-111Guardians and attorneys ad litem
- Ark. Code Ann. § 28-1-112Notice — Service — Proof — Costs5 cites
- Ark. Code Ann. § 28-1-113Waiver of notice3 cites
- Ark. Code Ann. § 28-1-114[Repealed.]
- Ark. Code Ann. § 28-1-115Vacation and modification of orders8 cites
- Ark. Code Ann. § 28-1-116Appeals30 cites
- Ark. Code Ann. § 28-1-117Use of certified mail permitted
- Ark. Code Ann. § 28-1-118Deceased viable fetus
- Ark. Code Ann. § 28-1-119Access to decedent's autopsy records
Enacted in other states
California, Colorado, Florida, Iowa, Indiana, Nebraska, Wyoming
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