Ark. Code Ann. § 28-73-815 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-815
General powers of trustee
Status: in_force

(a) A trustee, without authorization by a court, may exercise: (1) powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust: (A) all powers over the trust property which an unmarried competent owner has over individually owned property; (B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and (C) any other powers conferred by this chapter. (b) The exercise of a power is subject to the fiduciary duties prescribed by this subchapter. Acts 2005, No. 1031, § 1.

(a) A trustee, without authorization by a court, may exercise: (1) powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust: (A) all powers over the trust property which an unmarried competent owner has over individually owned property; (B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and (C) any other powers conferred by this chapter.

(1) powers conferred by the terms of the trust; and

(2) except as limited by the terms of the trust: (A) all powers over the trust property which an unmarried competent owner has over individually owned property; (B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and (C) any other powers conferred by this chapter.

(A) all powers over the trust property which an unmarried competent owner has over individually owned property;

(B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and

(C) any other powers conferred by this chapter.

(b) The exercise of a power is subject to the fiduciary duties prescribed by this subchapter.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-72-707 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-707
Restraints on alienation - Exclusive jurisdiction of court
Status: in_force

(a) (1) A spendthrift trust or domestic asset protection trust restrains and prohibits the assignment, alienation, acceleration, and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, by operation of law, or any legal process. (2) The trust estate, corpus, or capital of a spendthrift trust or domestic asset protection trust shall not be assigned, aliened, diminished, or impaired by any alienation, transfer, or seizure that has the effect of cutting off or diminishing the payments, rents, profits, earnings, or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary. (b) A mandatory or discretionary payment by the trustee to the beneficiary shall be made only to or for the benefit of the beneficiary and not: (1) By acceleration or anticipation; or (2) To an assignee of the beneficiary or upon an order, written or oral, given by the beneficiary, regardless of whether the order is a voluntary contractual act of the beneficiary or is through any legal process, including without limitation: (A) A judgment; (B) An execution; (C) An attachment; (D) A garnishment; (E) A bankruptcy; or (F) A contract, tort, or duty. (c) (1) The beneficiary shall not have the power or capacity to make any disposition of the trust income: (A) By his or her order, voluntary or involuntary; or (B) Upon the order or direction of any court or courts, whether bankruptcy or otherwise. (2) The interest of the beneficiary shall not be: (A) Subject to any process of attachment issued against the beneficiary; or (B) Taken in execution under any form of legal process directed against the beneficiary or against the trustee, trust estate, or any part of the income of the trust estate. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) (1) A spendthrift trust or domestic asset protection trust restrains and prohibits the assignment, alienation, acceleration, and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, by operation of law, or any legal process. (2) The trust estate, corpus, or capital of a spendthrift trust or domestic asset protection trust shall not be assigned, aliened, diminished, or impaired by any alienation, transfer, or seizure that has the effect of cutting off or diminishing the payments, rents, profits, earnings, or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary.

(1) A spendthrift trust or domestic asset protection trust restrains and prohibits the assignment, alienation, acceleration, and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, by operation of law, or any legal process.

(2) The trust estate, corpus, or capital of a spendthrift trust or domestic asset protection trust shall not be assigned, aliened, diminished, or impaired by any alienation, transfer, or seizure that has the effect of cutting off or diminishing the payments, rents, profits, earnings, or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary.

(b) A mandatory or discretionary payment by the trustee to the beneficiary shall be made only to or for the benefit of the beneficiary and not: (1) By acceleration or anticipation; or (2) To an assignee of the beneficiary or upon an order, written or oral, given by the beneficiary, regardless of whether the order is a voluntary contractual act of the beneficiary or is through any legal process, including without limitation: (A) A judgment; (B) An execution; (C) An attachment; (D) A garnishment; (E) A bankruptcy; or (F) A contract, tort, or duty.

(1) By acceleration or anticipation; or

(2) To an assignee of the beneficiary or upon an order, written or oral, given by the beneficiary, regardless of whether the order is a voluntary contractual act of the beneficiary or is through any legal process, including without limitation: (A) A judgment; (B) An execution; (C) An attachment; (D) A garnishment; (E) A bankruptcy; or (F) A contract, tort, or duty.

(A) A judgment;

(B) An execution;

(C) An attachment;

(D) A garnishment;

(E) A bankruptcy; or

(F) A contract, tort, or duty.

(c) (1) The beneficiary shall not have the power or capacity to make any disposition of the trust income: (A) By his or her order, voluntary or involuntary; or (B) Upon the order or direction of any court or courts, whether bankruptcy or otherwise. (2) The interest of the beneficiary shall not be: (A) Subject to any process of attachment issued against the beneficiary; or (B) Taken in execution under any form of legal process directed against the beneficiary or against the trustee, trust estate, or any part of the income of the trust estate.

(1) The beneficiary shall not have the power or capacity to make any disposition of the trust income: (A) By his or her order, voluntary or involuntary; or (B) Upon the order or direction of any court or courts, whether bankruptcy or otherwise.

(A) By his or her order, voluntary or involuntary; or

(B) Upon the order or direction of any court or courts, whether bankruptcy or otherwise.

(2) The interest of the beneficiary shall not be: (A) Subject to any process of attachment issued against the beneficiary; or (B) Taken in execution under any form of legal process directed against the beneficiary or against the trustee, trust estate, or any part of the income of the trust estate.

(A) Subject to any process of attachment issued against the beneficiary; or

(B) Taken in execution under any form of legal process directed against the beneficiary or against the trustee, trust estate, or any part of the income of the trust estate.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-53-201 — AR Code / Title 28 / Chapter 53 / Subchapter 2 / Section 28-53-201
Prior law and distributions unaffected
Status: in_force

This subchapter shall not be deemed to create any implication of change in existing law or invalidate any distribution in kind made prior to March 6, 1967, with respect to which values other than those specified in this subchapter were used. Acts 1967, No. 209, § 4; A.S.A. 1947, § 62-2909.4.

This subchapter shall not be deemed to create any implication of change in existing law or invalidate any distribution in kind made prior to March 6, 1967, with respect to which values other than those specified in this subchapter were used.

Acts 1967, No. 209, § 4; A.S.A. 1947, § 62-2909.4.
Ark. Code Ann. § 28-70-303 — AR Code / Title 28 / Chapter 70 / Subchapter 3 / Section 28-70-303
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 303.

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022.

Acts 1999, No. 647, § 303.
Ark. Code Ann. § 28-11-403 — AR Code / Title 28 / Chapter 11 / Subchapter 4 / Section 28-11-403
Devise or bequest - Election of spouse
Status: in_force

If land is devised to a spouse, or a pecuniary or other provision is made for a spouse by will in lieu of dower or curtesy, the spouse shall make an election whether he or she will take the land so devised, or the provision so made, or whether he or she will be endowed of the lands of the other spouse. Rev. Stat., ch. 52, § 13; C. & M. Dig., § 3526; Pope's Dig., § 4410; Acts 1981, No. 714, § 35; A.S.A. 1947, § 61-218.

If land is devised to a spouse, or a pecuniary or other provision is made for a spouse by will in lieu of dower or curtesy, the spouse shall make an election whether he or she will take the land so devised, or the provision so made, or whether he or she will be endowed of the lands of the other spouse.

Rev. Stat., ch. 52, § 13; C. & M. Dig., § 3526; Pope's Dig., § 4410; Acts 1981, No. 714, § 35; A.S.A. 1947, § 61-218.
Ark. Code Ann. § 28-76-111 — AR Code / Title 28 / Chapter 76 / Section 28-76-111
No duty to monitor, inform, or advise
Status: in_force

(a) Unless the terms of a trust provide otherwise: (1) a trustee does not have a duty to: (A) monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and (2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1). (b) Unless the terms of a trust provide otherwise: (1) a trust director does not have a duty to: (A) monitor a trustee or another trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and (2) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1). Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) Unless the terms of a trust provide otherwise: (1) a trustee does not have a duty to: (A) monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and (2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).

(1) a trustee does not have a duty to: (A) monitor a trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(A) monitor a trust director; or

(B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).

(b) Unless the terms of a trust provide otherwise: (1) a trust director does not have a duty to: (A) monitor a trustee or another trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and (2) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).

(1) a trust director does not have a duty to: (A) monitor a trustee or another trust director; or (B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and

(A) monitor a trustee or another trust director; or

(B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and

(2) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-11-401 — AR Code / Title 28 / Chapter 11 / Subchapter 4 / Section 28-11-401
Jointure or payment with spouse's assent
Status: in_force

(a) When an estate in land shall be conveyed to a person and his or her intended spouse, or to the intended spouse alone, or to any person in trust for the person and his or her intended spouse, or in trust for the spouse alone, for the purpose of erecting a jointure for the intended spouse, and with his or her assent, the jointure shall be a bar to any right or claim for dower or curtesy of the spouse in any land of the other spouse. (b) The assent of the spouse to the jointure shall be evinced, if he or she is of full age, by his or her becoming a party to the conveyance by which it shall be settled or, if the spouse is an infant, by his or her joining with his or her father or guardian in the conveyance. (c) Any pecuniary provision that shall be made for the benefit of an intended spouse, and in lieu of dower or curtesy, if assented to by the intended spouse, as provided in this section, shall be a bar to any right or claim of dower or curtesy of the spouse in all lands of his or her spouse. Rev. Stat., ch. 52, §§ 9-11; C. & M. Dig., §§ 3522-3524; Pope's Dig., §§ 4406-4408; Acts 1981, No. 714, §§ 31-33; A.S.A. 1947, §§ 61-214 -- 61-216.

(a) When an estate in land shall be conveyed to a person and his or her intended spouse, or to the intended spouse alone, or to any person in trust for the person and his or her intended spouse, or in trust for the spouse alone, for the purpose of erecting a jointure for the intended spouse, and with his or her assent, the jointure shall be a bar to any right or claim for dower or curtesy of the spouse in any land of the other spouse.

(b) The assent of the spouse to the jointure shall be evinced, if he or she is of full age, by his or her becoming a party to the conveyance by which it shall be settled or, if the spouse is an infant, by his or her joining with his or her father or guardian in the conveyance.

(c) Any pecuniary provision that shall be made for the benefit of an intended spouse, and in lieu of dower or curtesy, if assented to by the intended spouse, as provided in this section, shall be a bar to any right or claim of dower or curtesy of the spouse in all lands of his or her spouse.

Rev. Stat., ch. 52, §§ 9-11; C. & M. Dig., §§ 3522-3524; Pope's Dig., §§ 4406-4408; Acts 1981, No. 714, §§ 31-33; A.S.A. 1947, §§ 61-214 -- 61-216.
Ark. Code Ann. § 28-69-804 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-804
Appropriation for expenditure or accumulation of endowment fund - Rules of construction
Status: in_force

(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors: (1) the duration and preservation of the endowment fund; (2) the purposes of the institution and the endowment fund; (3) general economic conditions; (4) the possible effect of inflation or deflation; (5) the expected total return from income and the appreciation of investments; (6) other resources of the institution; and (7) the investment policy of the institution. (b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation. (c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income", "interest", "dividends", or "rents, issues, or profits", or "to preserve the principal intact", or words of similar import: (1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and (2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a). Acts 2009, No. 262, § 1.

(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors: (1) the duration and preservation of the endowment fund; (2) the purposes of the institution and the endowment fund; (3) general economic conditions; (4) the possible effect of inflation or deflation; (5) the expected total return from income and the appreciation of investments; (6) other resources of the institution; and (7) the investment policy of the institution.

(1) the duration and preservation of the endowment fund;

(2) the purposes of the institution and the endowment fund;

(3) general economic conditions;

(4) the possible effect of inflation or deflation;

(5) the expected total return from income and the appreciation of investments;

(6) other resources of the institution; and

(7) the investment policy of the institution.

(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation.

(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income", "interest", "dividends", or "rents, issues, or profits", or "to preserve the principal intact", or words of similar import: (1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and (2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a).

(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a).

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-73-602 — AR Code / Title 28 / Chapter 73 / Subchapter 6 / Section 28-73-602
Revocation or amendment of revocable trust
Status: in_force

(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before September 1, 2005. (b) If a revocable trust is created or funded by more than one (1) settlor: (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment. (c) The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent. (d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. (e) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power. (f) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship. (g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. Acts 2005, No. 1031, § 1.

(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before September 1, 2005.

(b) If a revocable trust is created or funded by more than one (1) settlor: (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;

(2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and

(3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(c) The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent.

(1) by substantial compliance with a method provided in the terms of the trust; or

(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent.

(A) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or

(B) any other method manifesting clear and convincing evidence of the settlor's intent.

(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(e) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.

(f) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.

(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-66-103 — AR Code / Title 28 / Chapter 66 / Section 28-66-103
Application
Status: in_force

Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided. Acts 1943, No. 177, § 3; A.S.A. 1947, § 57-503.

Whenever, pursuant to any law of the United States or regulation of the Veterans' Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided.

Acts 1943, No. 177, § 3; A.S.A. 1947, § 57-503.
Ark. Code Ann. § 28-65-306 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-306
Enforcement of contracts
Status: in_force

(a) When, prior to his or her incapacity, an incapacitated person has entered into a valid contract for the purchase or sale of any interest in real or personal property, including the sale or relinquishment of a dower or homestead interest, and the contract has not been performed prior to the inception of incapacitation, the court, upon petition of the guardian, the seller or purchaser, or other interested person, if it finds that performance of the contract would have been required on the part of the incapacitated person if the incapacitation had not intervened, may authorize the guardian to complete the performance of the contract and to execute or join in the execution of the deed of conveyance, bill of sale, or other appropriate instrument in the name and in behalf of the incapacitated person pursuant to the terms of the original contract. (b) The conveyance, bill of sale, or other instrument shall have the same effect with respect to the estate, title, or interest of the incapacitated person as if executed by him or her personally while incapacitated. Acts 1985, No. 940, § 29; A.S.A. 1947, § 57-848.

(a) When, prior to his or her incapacity, an incapacitated person has entered into a valid contract for the purchase or sale of any interest in real or personal property, including the sale or relinquishment of a dower or homestead interest, and the contract has not been performed prior to the inception of incapacitation, the court, upon petition of the guardian, the seller or purchaser, or other interested person, if it finds that performance of the contract would have been required on the part of the incapacitated person if the incapacitation had not intervened, may authorize the guardian to complete the performance of the contract and to execute or join in the execution of the deed of conveyance, bill of sale, or other appropriate instrument in the name and in behalf of the incapacitated person pursuant to the terms of the original contract.

(b) The conveyance, bill of sale, or other instrument shall have the same effect with respect to the estate, title, or interest of the incapacitated person as if executed by him or her personally while incapacitated.

Acts 1985, No. 940, § 29; A.S.A. 1947, § 57-848.
Ark. Code Ann. § 28-76-105 — AR Code / Title 28 / Chapter 76 / Section 28-76-105
Exclusions
Status: in_force

(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) This chapter does not apply to a: (1) power of appointment; (2) power to appoint or remove a trustee or trust director; (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (A) the beneficiary; or (B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or (5) power over a trust if: (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and (B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended. (c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(b) This chapter does not apply to a: (1) power of appointment; (2) power to appoint or remove a trustee or trust director; (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (A) the beneficiary; or (B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or (5) power over a trust if: (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and (B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended.

(1) power of appointment;

(2) power to appoint or remove a trustee or trust director;

(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (A) the beneficiary; or (B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or

(A) the beneficiary; or

(B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or

(5) power over a trust if: (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and (B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended.

(A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended.

(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-2-214 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-214
Tax-qualified disclaimer
Status: in_force

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this subchapter. In order for a disclaimer made under the provisions of this subchapter to be effective as a tax-qualified disclaimer pursuant to the provisions of Title 26 of the United States Code, the disclaimer must be made within the time periods set out in Title 26, Section 2518 of the United States Code, generally within 9 months from the day that the interest being disclaimed was created. Acts 2003, No. 610, § 14.

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this subchapter.

In order for a disclaimer made under the provisions of this subchapter to be effective as a tax-qualified disclaimer pursuant to the provisions of Title 26 of the United States Code, the disclaimer must be made within the time periods set out in Title 26, Section 2518 of the United States Code, generally within 9 months from the day that the interest being disclaimed was created.

Acts 2003, No. 610, § 14.
Ark. Code Ann. § 28-39-202 — AR Code / Title 28 / Chapter 39 / Subchapter 2 / Section 28-39-202
Petition to reserve homestead
Status: in_force

(a) Whenever any resident of this state shall die, leaving a surviving spouse or children who may desire to claim the benefit of Arkansas Constitution, Article 9, §§ 6 and 10 or § 28-39-201 , he or she shall file with the probate clerk of the circuit court of the county in which the homestead is situated an accurate description of the land so claimed, or, if the land is a lot in any city, town, or village, a description of the lot shall be filed, and the surviving spouse and children shall apply to have the land or lot reserved from sale. (b) Immediately after the filing of the description and application, it shall be the duty of the clerk to enter upon the records of the court that the homestead has been duly reserved from sale upon the application of the claimant. Acts 1873, No. 105, §§ 1, 2, p. 244; C. & M. Dig., §§ 5525, 5526; Pope's Dig., §§ 7164, 7165; Acts 1981, No. 714, § 43; A.S.A. 1947, §§ 62-601, 62-602; Acts 2003, No. 1185, § 274.

(a) Whenever any resident of this state shall die, leaving a surviving spouse or children who may desire to claim the benefit of Arkansas Constitution, Article 9, §§ 6 and 10 or § 28-39-201 , he or she shall file with the probate clerk of the circuit court of the county in which the homestead is situated an accurate description of the land so claimed, or, if the land is a lot in any city, town, or village, a description of the lot shall be filed, and the surviving spouse and children shall apply to have the land or lot reserved from sale.

(b) Immediately after the filing of the description and application, it shall be the duty of the clerk to enter upon the records of the court that the homestead has been duly reserved from sale upon the application of the claimant.

Acts 1873, No. 105, §§ 1, 2, p. 244; C. & M. Dig., §§ 5525, 5526; Pope's Dig., §§ 7164, 7165; Acts 1981, No. 714, § 43; A.S.A. 1947, §§ 62-601, 62-602; Acts 2003, No. 1185, § 274.
Ark. Code Ann. § 28-48-109 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-109
Allowances for defending will or prosecuting its probate
Status: in_force

(a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings. (b) If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees. Acts 1949, No. 140, § 78; 1967, No. 287, § 6; A.S.A. 1947, § 62-2209.

(a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings.

(b) If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees.

Acts 1949, No. 140, § 78; 1967, No. 287, § 6; A.S.A. 1947, § 62-2209.
Ark. Code Ann. § 28-51-104 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-104
Sale of a homestead
Status: in_force

The homestead of a decedent, while it remains the homestead of his or her spouse or minor children, shall not be sold by a personal representative for the payment of debts of the decedent. Acts 1949, No. 140, § 125; 1981, No. 714, § 72; A.S.A. 1947, § 62-2702.

The homestead of a decedent, while it remains the homestead of his or her spouse or minor children, shall not be sold by a personal representative for the payment of debts of the decedent.

Acts 1949, No. 140, § 125; 1981, No. 714, § 72; A.S.A. 1947, § 62-2702.
Ark. Code Ann. § 28-48-101 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-101
Persons entitled to domiciliary letters
Status: in_force

(a) Domiciliary letters testamentary or of general administration may be granted to one (1) or more of the natural or corporate persons mentioned in this section who are not disqualified, in the following order of priority: (1) To the executor or executors nominated in the will; (2) To the surviving spouse, or his or her nominee, upon petition filed during a period of thirty (30) days after the death of the decedent; (3) To one (1) or more of the persons entitled to a distributive share of the estate, or his or her nominee, as the court in its discretion may determine, if application for letters is made within forty (40) days after the death of the decedent, in case there is a surviving spouse and, if no surviving spouse, within thirty (30) days after the death of the decedent; and (4) To any other qualified person. (b) A person is not qualified to serve as domiciliary personal representative if the person is: (1) Under eighteen (18) years of age; (2) Of unsound mind; (3) A convicted and unpardoned felon, either under the laws of the United States or of any state or territory of the United States; (4) A corporation not authorized to act as fiduciary in this state; (5) A person whom the court finds unsuitable; or (6) (A) A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate. (B) If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent. (C) The appointment or agency may be revoked only upon the appointment of a qualified substitute agent. (D) Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt. Amended by Act 2015, No. 844,§ 1, eff. 1/1/2016. Acts 1949, No. 140, § 70; 1975, No. 620, § 7; A.S.A. 1947, § 62-2201.

(a) Domiciliary letters testamentary or of general administration may be granted to one (1) or more of the natural or corporate persons mentioned in this section who are not disqualified, in the following order of priority: (1) To the executor or executors nominated in the will; (2) To the surviving spouse, or his or her nominee, upon petition filed during a period of thirty (30) days after the death of the decedent; (3) To one (1) or more of the persons entitled to a distributive share of the estate, or his or her nominee, as the court in its discretion may determine, if application for letters is made within forty (40) days after the death of the decedent, in case there is a surviving spouse and, if no surviving spouse, within thirty (30) days after the death of the decedent; and (4) To any other qualified person.

(1) To the executor or executors nominated in the will;

(2) To the surviving spouse, or his or her nominee, upon petition filed during a period of thirty (30) days after the death of the decedent;

(3) To one (1) or more of the persons entitled to a distributive share of the estate, or his or her nominee, as the court in its discretion may determine, if application for letters is made within forty (40) days after the death of the decedent, in case there is a surviving spouse and, if no surviving spouse, within thirty (30) days after the death of the decedent; and

(4) To any other qualified person.

(b) A person is not qualified to serve as domiciliary personal representative if the person is: (1) Under eighteen (18) years of age; (2) Of unsound mind; (3) A convicted and unpardoned felon, either under the laws of the United States or of any state or territory of the United States; (4) A corporation not authorized to act as fiduciary in this state; (5) A person whom the court finds unsuitable; or (6) (A) A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate. (B) If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent. (C) The appointment or agency may be revoked only upon the appointment of a qualified substitute agent. (D) Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt.

(1) Under eighteen (18) years of age;

(2) Of unsound mind;

(3) A convicted and unpardoned felon, either under the laws of the United States or of any state or territory of the United States;

(4) A corporation not authorized to act as fiduciary in this state;

(5) A person whom the court finds unsuitable; or

(6) (A) A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate. (B) If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent. (C) The appointment or agency may be revoked only upon the appointment of a qualified substitute agent. (D) Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt.

(A) A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate.

(B) If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent.

(C) The appointment or agency may be revoked only upon the appointment of a qualified substitute agent.

(D) Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt.

Amended by Act 2015, No. 844,§ 1, eff. 1/1/2016.

Acts 1949, No. 140, § 70; 1975, No. 620, § 7; A.S.A. 1947, § 62-2201.
Ark. Code Ann. § 28-15-110 — AR Code / Title 28 / Chapter 15 / Section 28-15-110
Protection of third person
Status: in_force

(a) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person: (1) transacts in good faith and for value: (A) with a community-property spouse; or (B) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and (2) does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority. (b) Good faith under subsection (a)(1) does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person: (1) transacts in good faith and for value: (A) with a community-property spouse; or (B) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and (2) does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.

(1) transacts in good faith and for value: (A) with a community-property spouse; or (B) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and

(A) with a community-property spouse; or

(B) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and

(2) does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.

(b) Good faith under subsection (a)(1) does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-73-901 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-901
Prudent investor rule
Status: in_force

(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this subchapter. (b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust. Acts 2005, No. 1031, § 1.

(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this subchapter.

(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-65-305 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-305
Actions - Service of process
Status: in_force

(a) When there is a guardian of the estate, all actions between the ward or the guardian and third persons in which it is sought to charge or to benefit the estate of the ward shall be prosecuted by or against the guardian of the estate as guardian, and the guardian shall represent the interests of the ward in the action. (b) In every case, process shall be served upon the guardian of the estate and in addition upon such other persons as by law required. Acts 1985, No. 940, § 28; A.S.A. 1947, § 57-847.

(a) When there is a guardian of the estate, all actions between the ward or the guardian and third persons in which it is sought to charge or to benefit the estate of the ward shall be prosecuted by or against the guardian of the estate as guardian, and the guardian shall represent the interests of the ward in the action.

(b) In every case, process shall be served upon the guardian of the estate and in addition upon such other persons as by law required.

Acts 1985, No. 940, § 28; A.S.A. 1947, § 57-847.
Ark. Code Ann. § 28-65-313 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-313
Purchase of home
Status: in_force

(a) The court may authorize the purchase of real property in this state for use by the ward as a home or, unless he or she is an unmarried minor, as a home for his or her dependent family. (b) The purchase shall be made only upon order of the court after notice to the ward if he or she is fourteen (14) years of age or over and his or her incompetence is due solely to minority, and to such other persons, if any, as the court may direct. Acts 1985, No. 940, § 37; A.S.A. 1947, § 57-856.

(a) The court may authorize the purchase of real property in this state for use by the ward as a home or, unless he or she is an unmarried minor, as a home for his or her dependent family.

(b) The purchase shall be made only upon order of the court after notice to the ward if he or she is fourteen (14) years of age or over and his or her incompetence is due solely to minority, and to such other persons, if any, as the court may direct.

Acts 1985, No. 940, § 37; A.S.A. 1947, § 57-856.
Ark. Code Ann. § 28-68-113 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-113
Agent's acceptance
Status: in_force

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Acts 2011, No. 805, § 1.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-49-115 — AR Code / Title 28 / Chapter 49 / Section 28-49-115
Investment of funds
Status: in_force

Subject to his or her primary duty to preserve the estate for prompt distribution and to the terms of the will, if any, the personal representative, whenever it is reasonable to do so, shall invest the funds of the estate and make them productive. The investments shall be restricted to those permitted to guardians by the Probate Code. Acts 1949, No. 140, § 106; A.S.A. 1947, § 62-2413.

Subject to his or her primary duty to preserve the estate for prompt distribution and to the terms of the will, if any, the personal representative, whenever it is reasonable to do so, shall invest the funds of the estate and make them productive. The investments shall be restricted to those permitted to guardians by the Probate Code.

Acts 1949, No. 140, § 106; A.S.A. 1947, § 62-2413.
Ark. Code Ann. § 28-11-204 — AR Code / Title 28 / Chapter 11 / Subchapter 2 / Section 28-11-204
Murder of spouse - Effect
Status: in_force

(a) Whenever a spouse shall kill or slay his or her spouse and the killing or slaying would under the law constitute murder, either in the first or second degree, and that spouse shall be convicted of murder for the killing or slaying, in either the first or second degree, the one so convicted shall not be endowed in the real or personal estate of the decedent spouse so killed or slain. (b) In the event that a decedent spouse under this section dies without a will, the descendents of the one so convicted shall not benefit from the estate of the decedent spouse unless the descendents of the spouse that committed the murder are also descendants of the decedent spouse. Amended by Act 2013, No. 1019,§ 1, eff. 8/16/2013. Acts 1939, No. 313, § 3; A.S.A. 1947, § 61-230.

(a) Whenever a spouse shall kill or slay his or her spouse and the killing or slaying would under the law constitute murder, either in the first or second degree, and that spouse shall be convicted of murder for the killing or slaying, in either the first or second degree, the one so convicted shall not be endowed in the real or personal estate of the decedent spouse so killed or slain.

(b) In the event that a decedent spouse under this section dies without a will, the descendents of the one so convicted shall not benefit from the estate of the decedent spouse unless the descendents of the spouse that committed the murder are also descendants of the decedent spouse.

Amended by Act 2013, No. 1019,§ 1, eff. 8/16/2013.

Acts 1939, No. 313, § 3; A.S.A. 1947, § 61-230.
Ark. Code Ann. § 28-75-114 — AR Code / Title 28 / Chapter 28 / Section 28-75-114
Disclosure of digital assets to guardian of estate
Status: in_force

(a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian of the estate gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the court order that gives the guardian of the estate authority over the digital assets of the ward; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or (B) evidence linking the account to the ward. (c) A guardian of the estate with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the ward's property. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) After an opportunity for a hearing under state guardianship law, the court may grant a guardian of the estate access to the digital assets of a ward.

(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the guardian of the estate gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the court order that gives the guardian of the estate authority over the digital assets of the ward; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or (B) evidence linking the account to the ward.

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the court order that gives the guardian of the estate authority over the digital assets of the ward; and

(3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or (B) evidence linking the account to the ward.

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward; or

(B) evidence linking the account to the ward.

(c) A guardian of the estate with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the ward's property.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-72-409 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-409
Use of custodial trust property
Status: in_force

(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary. (c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary. Acts 1991, No. 273, § 9.

(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.

(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.

(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.

Acts 1991, No. 273, § 9.
Ark. Code Ann. § 28-73-1010 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1010
Limitation on personal liability of trustee
Status: in_force

(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault. (c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. Acts 2005, No. 1031, § 1.

(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.

(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-2-207 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-207
Disclaimer of rights of survivorship in jointly held property
Status: in_force

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or (2) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant. (b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates. (c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. Acts 2003, No. 610, § 7.

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or (2) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(2) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.

Acts 2003, No. 610, § 7.
Ark. Code Ann. § 28-77-304 — AR Code / Title 28 / Chapter 77 / Subchapter 3 / Section 28-77-304
Notice
Status: in_force

(a) A notice required by § 28-77-303(b)(2) must be sent in a manner authorized under § 28-73-109 to: (1) the qualified beneficiaries determined under § 28-73-103 , other than the Attorney General; and (2) each person acting as trust director of the trust under the Uniform Directed Trust Act, § 28-76-101 et seq. (b) The representation provisions of §§ 28-73-301 - 28-73-305 apply to notice under this section. (c) A person may consent in a record at any time to action proposed under § 28-77-303(b)(2) . A notice required by § 28-77-303(b)(2) need not be sent to a person that consents under this subsection. (d) A notice required by § 28-77-303(b)(2) must include: (1) the action proposed under § 28-77-303(b)(2) ; (2) for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under § 28-77-303(a)(1) ; (3) for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under § 28-77-303(a)(2) ; (4) a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary; (5) the date by which an objection under paragraph (4) must be received by the fiduciary, which must be at least 30 days after the date the notice is sent; (6) the date on which the action is proposed to be taken and the date on which the action is proposed to take effect; (7) the name and contact information of the fiduciary; and (8) the name and contact information of a person that may be contacted for additional information. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) A notice required by § 28-77-303(b)(2) must be sent in a manner authorized under § 28-73-109 to: (1) the qualified beneficiaries determined under § 28-73-103 , other than the Attorney General; and (2) each person acting as trust director of the trust under the Uniform Directed Trust Act, § 28-76-101 et seq.

(1) the qualified beneficiaries determined under § 28-73-103 , other than the Attorney General; and

(2) each person acting as trust director of the trust under the Uniform Directed Trust Act, § 28-76-101 et seq.

(b) The representation provisions of §§ 28-73-301 - 28-73-305 apply to notice under this section.

(c) A person may consent in a record at any time to action proposed under § 28-77-303(b)(2) . A notice required by § 28-77-303(b)(2) need not be sent to a person that consents under this subsection.

(d) A notice required by § 28-77-303(b)(2) must include: (1) the action proposed under § 28-77-303(b)(2) ; (2) for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under § 28-77-303(a)(1) ; (3) for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under § 28-77-303(a)(2) ; (4) a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary; (5) the date by which an objection under paragraph (4) must be received by the fiduciary, which must be at least 30 days after the date the notice is sent; (6) the date on which the action is proposed to be taken and the date on which the action is proposed to take effect; (7) the name and contact information of the fiduciary; and (8) the name and contact information of a person that may be contacted for additional information.

(1) the action proposed under § 28-77-303(b)(2) ;

(2) for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under § 28-77-303(a)(1) ;

(3) for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under § 28-77-303(a)(2) ;

(4) a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary;

(5) the date by which an objection under paragraph (4) must be received by the fiduciary, which must be at least 30 days after the date the notice is sent;

(6) the date on which the action is proposed to be taken and the date on which the action is proposed to take effect;

(7) the name and contact information of the fiduciary; and

(8) the name and contact information of a person that may be contacted for additional information.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-604 — AR Code / Title 28 / Chapter 65 / Subchapter 6 / Section 28-65-604
Applicability
Status: in_force

This subchapter does not apply to foreign guardianships under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq. Acts 2011, No. 159, § 4.

This subchapter does not apply to foreign guardianships under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

Acts 2011, No. 159, § 4.
Ark. Code Ann. § 28-10-211 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-211
Severability clause
Status: in_force

If any provision of this subchapter or its application to any persons or circumstance is held invalid, the invalidity does not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. Acts 2005, No. 74, § 1.

If any provision of this subchapter or its application to any persons or circumstance is held invalid, the invalidity does not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-54-113 — AR Code / Title 28 / Chapter 54 / Section 28-54-113
Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 2007, No. 276, § 1.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-73-803 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-803
Impartiality
Status: in_force

If a trust has two (2) or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests. Acts 2005, No. 1031, § 1.

If a trust has two (2) or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-74-402 — AR Code / Title 28 / Chapter 74 / Subchapter 4 / Section 28-74-402
Registration of protective orders
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. Acts 2011, No. 159, § 1.

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-73-902 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-902
Standard of care - Portfolio strategy - Risk and return objectives
Status: in_force

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (c) Among circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries: (1) general economic conditions; (2) the possible effect of inflation or deflation; (3) the expected tax consequences of investment decisions or strategies; (4) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property; (5) the expected total return from income and the appreciation of capital; (6) other resources of the beneficiaries; (7) needs for liquidity, regularity of income, and preservation or appreciation of capital; and (8) an asset's special relationship or special value, if any, to the purposes of the trust or to one (1) or more of the beneficiaries. (d) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. (e) A trustee may invest in any kind of property or type of investment consistent with the standards of this subchapter. Acts 2005, No. 1031, § 1.

(a) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

(b) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.

(c) Among circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries: (1) general economic conditions; (2) the possible effect of inflation or deflation; (3) the expected tax consequences of investment decisions or strategies; (4) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property; (5) the expected total return from income and the appreciation of capital; (6) other resources of the beneficiaries; (7) needs for liquidity, regularity of income, and preservation or appreciation of capital; and (8) an asset's special relationship or special value, if any, to the purposes of the trust or to one (1) or more of the beneficiaries.

(1) general economic conditions;

(2) the possible effect of inflation or deflation;

(3) the expected tax consequences of investment decisions or strategies;

(4) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;

(5) the expected total return from income and the appreciation of capital;

(6) other resources of the beneficiaries;

(7) needs for liquidity, regularity of income, and preservation or appreciation of capital; and

(8) an asset's special relationship or special value, if any, to the purposes of the trust or to one (1) or more of the beneficiaries.

(d) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.

(e) A trustee may invest in any kind of property or type of investment consistent with the standards of this subchapter.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-48-208 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-208
Enforcement of obligations
Status: in_force

(a) The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond. (b) (1) Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof. (2) The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other interested person. (3) The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. (4) Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity. (5) The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond. (c) If the estate is already distributed, or if for any reason the procedure to recover on the bond provided in subsection (b) of this section is inadequate, or at his or her election, an interested person may bring a separate suit in a court of competent jurisdiction in his or her own behalf for damages suffered by him or her by reason of the default of the personal representative. (d) The bond of the personal representative shall not be void upon the first recovery but may be proceeded upon from time to time until the whole penalty is exhausted. Acts 1949, No. 140, § 90; A.S.A. 1947, § 62-2221.

(a) The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond.

(b) (1) Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof. (2) The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other interested person. (3) The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. (4) Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity. (5) The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond.

(1) Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof.

(2) The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other interested person.

(3) The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct.

(4) Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity.

(5) The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond.

(c) If the estate is already distributed, or if for any reason the procedure to recover on the bond provided in subsection (b) of this section is inadequate, or at his or her election, an interested person may bring a separate suit in a court of competent jurisdiction in his or her own behalf for damages suffered by him or her by reason of the default of the personal representative.

(d) The bond of the personal representative shall not be void upon the first recovery but may be proceeded upon from time to time until the whole penalty is exhausted.

Acts 1949, No. 140, § 90; A.S.A. 1947, § 62-2221.
Ark. Code Ann. § 28-1-119 — AR Code / Title 28 / Chapter 1 / Section 28-1-119
Access to decedent's autopsy records
Status: in_force

(a) As used in this section, "healthcare provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession. (b) A healthcare provider who, in good faith, releases copies of a decedent's autopsy records upon the authorization of any of the individuals listed under § 28-1-102(19)(B) shall not be held liable under any criminal law or held civilly liable to the deceased patient's estate or to any other person. Acts 2011, No. 722, § 2.

(a) As used in this section, "healthcare provider" means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(b) A healthcare provider who, in good faith, releases copies of a decedent's autopsy records upon the authorization of any of the individuals listed under § 28-1-102(19)(B) shall not be held liable under any criminal law or held civilly liable to the deceased patient's estate or to any other person.

Acts 2011, No. 722, § 2.
Ark. Code Ann. § 28-1-111 — AR Code / Title 28 / Chapter 1 / Section 28-1-111
Guardians and attorneys ad litem
Status: in_force

(a) Circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protection of the interests of a nonresident party who is not represented before the court and has not been personally served with notice, to appoint an attorney ad litem to give notice to the nonresident of the pendency and nature of the proceeding as is provided by law with respect to proceedings in courts of equity. (b) The appointment of a guardian ad litem or attorney ad litem may be made by the clerk of the court at any time after the initiation of a proceeding by the filing of a petition, subject to the approval of the court. Acts 1949, No. 140, § 4; A.S.A. 1947, § 62-2004.

(a) Circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protection of the interests of a nonresident party who is not represented before the court and has not been personally served with notice, to appoint an attorney ad litem to give notice to the nonresident of the pendency and nature of the proceeding as is provided by law with respect to proceedings in courts of equity.

(b) The appointment of a guardian ad litem or attorney ad litem may be made by the clerk of the court at any time after the initiation of a proceeding by the filing of a petition, subject to the approval of the court.

Acts 1949, No. 140, § 4; A.S.A. 1947, § 62-2004.
Ark. Code Ann. § 28-11-305 — AR Code / Title 28 / Chapter 11 / Subchapter 3 / Section 28-11-305
Personalty
Status: in_force

If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (1/3) part of the personal estate whereof the deceased spouse died seized or possessed. Rev. Stat., ch. 52, § 20; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 19; A.S.A. 1947, § 61-202.

If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (1/3) part of the personal estate whereof the deceased spouse died seized or possessed.

Rev. Stat., ch. 52, § 20; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 19; A.S.A. 1947, § 61-202.
Ark. Code Ann. § 28-67-104 — AR Code / Title 28 / Chapter 67 / Section 28-67-104
Notice of hearing
Status: in_force

Notice of a hearing in a conservatorship proceeding shall be served upon the following who do not appear or in writing waive notice of hearing: (1) The spouse, if any, of the person in question; (2) If there is no known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the person in question; and (3) Any other person designated by the court. Acts 1975, No. 372, § 2; A.S.A. 1947, § 57-702.

Notice of a hearing in a conservatorship proceeding shall be served upon the following who do not appear or in writing waive notice of hearing:

(1) The spouse, if any, of the person in question;

(2) If there is no known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the person in question; and

(3) Any other person designated by the court.

Acts 1975, No. 372, § 2; A.S.A. 1947, § 57-702.
Ark. Code Ann. § 28-1-116 — AR Code / Title 28 / Chapter 1 / Section 28-1-116
Appeals
Status: in_force

(a) Appeal Permitted. Except as provided in subsection (b) of this section, a person aggrieved by an order of the circuit court in probate proceedings under the provisions of the Probate Code may obtain a review of the order by the Supreme Court or the Court of Appeals. (b) Orders Which Are Not Appealable. There shall be no appeal from an order: (1) Removing a fiduciary for failure to give a new bond or to render an account as required by the court; or (2) Appointing a special administrator. (c) Stay of Appeal. (1) When an appeal is taken with respect to any appealable order in the administration of a decedent's estate made prior to the order of final distribution, other than an order admitting or denying the probate of a will or appointing or refusing to appoint a personal representative, the circuit court or appellate court, in its discretion, may order that the appeal be: (A) Stayed until the order of final distribution is made; and (B) Heard only as a part of any appeal which may be taken from the order of final distribution. (2) This subsection shall not apply to guardianships. (d) When Appeal from Order of Final Distribution Includes Appeal from Prior Orders. When an appeal is taken from the order of final distribution in the administration of a decedent's estate, all prior appealable orders and judgments to which the appellant has filed objections in writing within sixty (60) days after the order of judgment was rendered and from which an appeal has not been taken, except orders admitting or denying the probate of a will or appointing a personal representative, shall be reviewed at the election of the appellant. The appellant shall indicate the election by clearly stating in the appeal the orders which he or she desires to have reviewed. (e) Stay. (1) An appeal shall stay other proceedings in the circuit court except when and to the extent that the court finds that no interested person will be prejudiced and by order permits other proceedings to be had. (2) An order granting an allowance to the widow of minor children of a decedent pending settlement of the estate or setting apart exempt personal property to them shall not be stayed by an appeal. (f) When Fiduciary Not Required to Give Supersedeas Bond. No supersedeas bond shall be required of a fiduciary when, in any probate matter, he or she appeals on behalf of his or her ward or the estate. (g) Applicability of General Appellate Rules. (1) Except as otherwise provided in the Probate Code, the provisions as to time, manner, notice, appeal bonds, stays, scope of review, duties of the clerk, and all other matters relating to appellate review shall be determined by the law and rules applicable to appeals in equity cases. (2) The transcript on appeal shall be compiled in the same manner and consist of the same material as prescribed by law for appeals in equity cases. Acts 1949, No. 140, § 16; A.S.A. 1947, § 62-2016; Acts 2003, No. 1185, § 273.

(a) Appeal Permitted. Except as provided in subsection (b) of this section, a person aggrieved by an order of the circuit court in probate proceedings under the provisions of the Probate Code may obtain a review of the order by the Supreme Court or the Court of Appeals.

(b) Orders Which Are Not Appealable. There shall be no appeal from an order: (1) Removing a fiduciary for failure to give a new bond or to render an account as required by the court; or (2) Appointing a special administrator.

(1) Removing a fiduciary for failure to give a new bond or to render an account as required by the court; or

(2) Appointing a special administrator.

(c) Stay of Appeal. (1) When an appeal is taken with respect to any appealable order in the administration of a decedent's estate made prior to the order of final distribution, other than an order admitting or denying the probate of a will or appointing or refusing to appoint a personal representative, the circuit court or appellate court, in its discretion, may order that the appeal be: (A) Stayed until the order of final distribution is made; and (B) Heard only as a part of any appeal which may be taken from the order of final distribution. (2) This subsection shall not apply to guardianships.

(1) When an appeal is taken with respect to any appealable order in the administration of a decedent's estate made prior to the order of final distribution, other than an order admitting or denying the probate of a will or appointing or refusing to appoint a personal representative, the circuit court or appellate court, in its discretion, may order that the appeal be: (A) Stayed until the order of final distribution is made; and (B) Heard only as a part of any appeal which may be taken from the order of final distribution.

(A) Stayed until the order of final distribution is made; and

(B) Heard only as a part of any appeal which may be taken from the order of final distribution.

(2) This subsection shall not apply to guardianships.

(d) When Appeal from Order of Final Distribution Includes Appeal from Prior Orders. When an appeal is taken from the order of final distribution in the administration of a decedent's estate, all prior appealable orders and judgments to which the appellant has filed objections in writing within sixty (60) days after the order of judgment was rendered and from which an appeal has not been taken, except orders admitting or denying the probate of a will or appointing a personal representative, shall be reviewed at the election of the appellant. The appellant shall indicate the election by clearly stating in the appeal the orders which he or she desires to have reviewed.

(e) Stay. (1) An appeal shall stay other proceedings in the circuit court except when and to the extent that the court finds that no interested person will be prejudiced and by order permits other proceedings to be had. (2) An order granting an allowance to the widow of minor children of a decedent pending settlement of the estate or setting apart exempt personal property to them shall not be stayed by an appeal.

(1) An appeal shall stay other proceedings in the circuit court except when and to the extent that the court finds that no interested person will be prejudiced and by order permits other proceedings to be had.

(2) An order granting an allowance to the widow of minor children of a decedent pending settlement of the estate or setting apart exempt personal property to them shall not be stayed by an appeal.

(f) When Fiduciary Not Required to Give Supersedeas Bond. No supersedeas bond shall be required of a fiduciary when, in any probate matter, he or she appeals on behalf of his or her ward or the estate.

(g) Applicability of General Appellate Rules. (1) Except as otherwise provided in the Probate Code, the provisions as to time, manner, notice, appeal bonds, stays, scope of review, duties of the clerk, and all other matters relating to appellate review shall be determined by the law and rules applicable to appeals in equity cases. (2) The transcript on appeal shall be compiled in the same manner and consist of the same material as prescribed by law for appeals in equity cases.

(1) Except as otherwise provided in the Probate Code, the provisions as to time, manner, notice, appeal bonds, stays, scope of review, duties of the clerk, and all other matters relating to appellate review shall be determined by the law and rules applicable to appeals in equity cases.

(2) The transcript on appeal shall be compiled in the same manner and consist of the same material as prescribed by law for appeals in equity cases.

Acts 1949, No. 140, § 16; A.S.A. 1947, § 62-2016; Acts 2003, No. 1185, § 273.
Ark. Code Ann. § 28-69-301 — AR Code / Title 28 / Chapter 69 / Subchapter 3 / Section 28-69-301
Definitions
Status: in_force

As used in this subchapter: (1) "Environmental law" means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health; (2) "Estate" means the estate of the decedent if by reference thereto a provision has been made applicable to the executor or executors of a will and means the trust estate if by reference thereto a provision has been made applicable to the trustee or trustees of such an estate; (3) "Fiduciary", and the masculine singular form of the pronoun referring to the fiduciary, means the one (1) or more executors, whether male, female, or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female, or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case shall be appropriate; and (4) "Hazardous substance" means any substance defined as hazardous or toxic or otherwise regulated by any environmental law. Acts 1961, No. 153, §§ 1, 2; A.S.A. 1947, §§ 58-114, 58-115; Acts 1993, No. 421, § 2.

As used in this subchapter:

(1) "Environmental law" means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health;

(2) "Estate" means the estate of the decedent if by reference thereto a provision has been made applicable to the executor or executors of a will and means the trust estate if by reference thereto a provision has been made applicable to the trustee or trustees of such an estate;

(3) "Fiduciary", and the masculine singular form of the pronoun referring to the fiduciary, means the one (1) or more executors, whether male, female, or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female, or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case shall be appropriate; and

(4) "Hazardous substance" means any substance defined as hazardous or toxic or otherwise regulated by any environmental law.

Acts 1961, No. 153, §§ 1, 2; A.S.A. 1947, §§ 58-114, 58-115; Acts 1993, No. 421, § 2.
Ark. Code Ann. § 28-51-203 — AR Code / Title 28 / Chapter 51 / Subchapter 2 / Section 28-51-203
Sale, mortgage, or lease of real and personal property as a unit
Status: in_force

Whenever in the discretion of the court it is for the best interest of the estate, real and personal property of the estate may be sold, mortgaged, or leased as a unit, but the provisions of the Probate Code with respect to the sale, mortgage, or lease of real property shall apply. Acts 1949, No. 140, § 136; A.S.A. 1947, § 62-2713.

Whenever in the discretion of the court it is for the best interest of the estate, real and personal property of the estate may be sold, mortgaged, or leased as a unit, but the provisions of the Probate Code with respect to the sale, mortgage, or lease of real property shall apply.

Acts 1949, No. 140, § 136; A.S.A. 1947, § 62-2713.
Ark. Code Ann. § 28-9-202 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-202
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Descendants" means a person's children, grandchildren, and all others, however remotely related to such a person, who are in a direct line of descent from him or her. In other words, the term "descendants" refers to lineal descendants and excludes an intestate's ascendants or collateral relatives. (B) The term "descendants", wherever used in this subchapter, shall also include adopted children and their descendants of the intestate or of any other person in connection with whom the term "descendants" may be used. (C) In determining which of an intestate's descendants shall constitute an inheriting class, the descendants of a living descendant shall be excluded from the class; and (2) "Dying intestate" means dying without a valid last will and testament. A person so dying is referred to in this subchapter as an "intestate", and it is recognized that a person may die wholly or partially intestate. Acts 1969, No. 303, §§ 2, 3; A.S.A. 1947, §§ 61-132, 61-133.

As used in this subchapter:

(1) (A) "Descendants" means a person's children, grandchildren, and all others, however remotely related to such a person, who are in a direct line of descent from him or her. In other words, the term "descendants" refers to lineal descendants and excludes an intestate's ascendants or collateral relatives. (B) The term "descendants", wherever used in this subchapter, shall also include adopted children and their descendants of the intestate or of any other person in connection with whom the term "descendants" may be used. (C) In determining which of an intestate's descendants shall constitute an inheriting class, the descendants of a living descendant shall be excluded from the class; and

(A) "Descendants" means a person's children, grandchildren, and all others, however remotely related to such a person, who are in a direct line of descent from him or her. In other words, the term "descendants" refers to lineal descendants and excludes an intestate's ascendants or collateral relatives.

(B) The term "descendants", wherever used in this subchapter, shall also include adopted children and their descendants of the intestate or of any other person in connection with whom the term "descendants" may be used.

(C) In determining which of an intestate's descendants shall constitute an inheriting class, the descendants of a living descendant shall be excluded from the class; and

(2) "Dying intestate" means dying without a valid last will and testament. A person so dying is referred to in this subchapter as an "intestate", and it is recognized that a person may die wholly or partially intestate.

Acts 1969, No. 303, §§ 2, 3; A.S.A. 1947, §§ 61-132, 61-133.
Ark. Code Ann. § 28-2-202 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-202
Definitions
Status: in_force

In this subchapter: (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) "Disclaimer" means the refusal to accept an interest in or power over property. (4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. (5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity. (7) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a State. (8) "Trust" means: (A) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (B) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust. Acts 2003, No. 610, § 2.

In this subchapter:

(1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

(2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.

(3) "Disclaimer" means the refusal to accept an interest in or power over property.

(4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

(5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.

(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(7) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a State.

(8) "Trust" means: (A) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (B) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.

(A) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and

(B) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.

Acts 2003, No. 610, § 2.
Ark. Code Ann. § 28-73-405 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-405
Charitable purposes - Enforcement
Status: in_force

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community. (b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one (1) or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained. (c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. Acts 2005, No. 1031, § 1.

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.

(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one (1) or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.

(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-13-110 — AR Code / Title 28 / Chapter 13 / Section 28-13-110
Reclamation of escheated property
Status: in_force

(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her. (B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition. (2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant. (b) (1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her. (2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced. (3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case. (c) All persons who fail to appear and file their petitions within the time limited shall be forever barred, except the usual saving to infants. Rev. Stat., ch. 57, §§ 23-27; C. & M. Dig., §§ 4100-4104; Pope's Dig., §§ 5109-5113; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1823 -- 62-1827.

(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her. (B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition. (2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant.

(1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her. (B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition.

(A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her.

(B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition.

(2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant.

(b) (1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her. (2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced. (3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case.

(1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her.

(2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced.

(3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case.

(c) All persons who fail to appear and file their petitions within the time limited shall be forever barred, except the usual saving to infants.

Rev. Stat., ch. 57, §§ 23-27; C. & M. Dig., §§ 4100-4104; Pope's Dig., §§ 5109-5113; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1823 -- 62-1827.
Ark. Code Ann. § 28-13-106 — AR Code / Title 28 / Chapter 13 / Section 28-13-106
Escheat of real property - Proceedings
Status: in_force

(a) (1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the payment of the debts of the deceased, he or she shall file an information, in behalf of the county, in the circuit court of the county in which the estate is situated. (2) The information shall set forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have escheated, and alleging that, by reason thereof, the county has the right to the estate. (b) The court shall award and issue a scire facias against the person, bodies politic or corporate, who are alleged in the information to hold, possess, or claim the estate, requiring them to appear and show cause why the estate should not be vested in the county, at the next term of the court. (c) The scire facias shall be served fifteen (15) days before the return day thereof. (d) The court shall make an order setting forth briefly the contents of the information and requiring all persons interested in the estate to appear and show cause, at the next term of the court, why the estate shall not be vested in the county. The order shall be published for four (4) weeks in a newspaper printed in the county. (e) All persons, bodies politic and bodies corporate, named in the information as terre-tenants or claimants of the estate may appear and plead to the proceeding and may traverse the facts stated in the information or the title of the county to the lands and tenements therein mentioned at any time on or before the third day after the return of the scire facias. Any other person claiming an interest in the estate may appear and be made defendant and plead by motion for that purpose in open court within the time allowed for pleading. (f) If any person appears and denies the title set up by the county, or traverses any material fact in the information, issue shall be made up and tried as other issues of fact. (g) A survey may be ordered as in other cases where the titles or boundaries of land are drawn in question. Rev. Stat., ch. 57, §§ 10-13, 15; C. & M. Dig., §§ 4087-4090, 4092; Pope's Dig., §§ 5096-5099, 5101; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1810 -- 62-1813, 62-1815.

(a) (1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the payment of the debts of the deceased, he or she shall file an information, in behalf of the county, in the circuit court of the county in which the estate is situated. (2) The information shall set forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have escheated, and alleging that, by reason thereof, the county has the right to the estate.

(1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the payment of the debts of the deceased, he or she shall file an information, in behalf of the county, in the circuit court of the county in which the estate is situated.

(2) The information shall set forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have escheated, and alleging that, by reason thereof, the county has the right to the estate.

(b) The court shall award and issue a scire facias against the person, bodies politic or corporate, who are alleged in the information to hold, possess, or claim the estate, requiring them to appear and show cause why the estate should not be vested in the county, at the next term of the court.

(c) The scire facias shall be served fifteen (15) days before the return day thereof.

(d) The court shall make an order setting forth briefly the contents of the information and requiring all persons interested in the estate to appear and show cause, at the next term of the court, why the estate shall not be vested in the county. The order shall be published for four (4) weeks in a newspaper printed in the county.

(e) All persons, bodies politic and bodies corporate, named in the information as terre-tenants or claimants of the estate may appear and plead to the proceeding and may traverse the facts stated in the information or the title of the county to the lands and tenements therein mentioned at any time on or before the third day after the return of the scire facias. Any other person claiming an interest in the estate may appear and be made defendant and plead by motion for that purpose in open court within the time allowed for pleading.

(f) If any person appears and denies the title set up by the county, or traverses any material fact in the information, issue shall be made up and tried as other issues of fact.

(g) A survey may be ordered as in other cases where the titles or boundaries of land are drawn in question.

Rev. Stat., ch. 57, §§ 10-13, 15; C. & M. Dig., §§ 4087-4090, 4092; Pope's Dig., §§ 5096-5099, 5101; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1810 -- 62-1813, 62-1815.
Ark. Code Ann. § 28-77-803 — AR Code / Title 28 / Chapter 77 / Subchapter 8 / Section 28-77-803
Application to trust or estate
Status: in_force

This chapter applies to a trust or estate existing or created on or after January 1, 2022, except as otherwise expressly provided in the terms of the trust or this chapter. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

This chapter applies to a trust or estate existing or created on or after January 1, 2022, except as otherwise expressly provided in the terms of the trust or this chapter.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-210 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-210
Proof required for appointment of guardian
Status: in_force

Before appointing a guardian, the court must be satisfied that: (1) The person for whom a guardian is prayed is either a minor or otherwise incapacitated; (2) A guardianship is desirable to protect the interests of the incapacitated person; and (3) The person to be appointed guardian is qualified and suitable to act as such. Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.

Before appointing a guardian, the court must be satisfied that:

(1) The person for whom a guardian is prayed is either a minor or otherwise incapacitated;

(2) A guardianship is desirable to protect the interests of the incapacitated person; and

(3) The person to be appointed guardian is qualified and suitable to act as such.

Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.
Ark. Code Ann. § 28-73-112 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-112
Rules of construction
Status: in_force

The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. Acts 2005, No. 1031, § 1.

The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-65-208 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-208
Notice of other hearings
Status: in_force

Whenever notice of a hearing in a guardianship proceeding is required, the notice shall be served upon the following who do not appear or in writing waive notice of hearing: (1) The guardian of the person; (2) The guardian of the estate; and (3) If directed by the court: (A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; (B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or (C) Any other person whom the court may designate. Acts 1985, No. 940, § 13; A.S.A. 1947, § 57-832.

Whenever notice of a hearing in a guardianship proceeding is required, the notice shall be served upon the following who do not appear or in writing waive notice of hearing:

(1) The guardian of the person;

(2) The guardian of the estate; and

(3) If directed by the court: (A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; (B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or (C) Any other person whom the court may designate.

(A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate;

(B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or

(C) Any other person whom the court may designate.

Acts 1985, No. 940, § 13; A.S.A. 1947, § 57-832.
Ark. Code Ann. § 28-75-116 — AR Code / Title 28 / Chapter 28 / Section 28-75-116
Custodian compliance and immunity
Status: in_force

(a) Not later than 30 days after receipt of the information required under §§ 28-75-107 - 28-75-115 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702 , as amended. (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. (e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (1) specifies that an account belongs to the ward or principal; (2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) Not later than 30 days after receipt of the information required under §§ 28-75-107 - 28-75-115 , a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702 , as amended.

(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (1) specifies that an account belongs to the ward or principal; (2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter.

(1) specifies that an account belongs to the ward or principal;

(2) specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and

(3) contains a finding required by law other than this chapter.

(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-1-101 — AR Code / Title 28 / Chapter 1 / Section 28-1-101
Title
Status: in_force

This act may be cited as the "Probate Code". Acts 1949, No. 140, § 1; A.S.A. 1947, § 62-2001.

This act may be cited as the "Probate Code".

Acts 1949, No. 140, § 1; A.S.A. 1947, § 62-2001.
Ark. Code Ann. § 28-2-215 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-215
Disclaimer of interest in real property - Recording of disclaimer
Status: in_force

(a) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the circuit clerk of the county in which the property or interest disclaimed is located. (b) If an interest in or relating to real property is disclaimed and recorded as provided in this section, the spouse of the person entering the disclaimer, if the spouse has consented to the disclaimer in writing, shall be automatically debarred from any dower or curtesy interest in the real estate to which the spouse would have been lawfully entitled except for the disclaimer. (c) Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. Acts 2003, No. 610, § 15.

(a) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the circuit clerk of the county in which the property or interest disclaimed is located.

(b) If an interest in or relating to real property is disclaimed and recorded as provided in this section, the spouse of the person entering the disclaimer, if the spouse has consented to the disclaimer in writing, shall be automatically debarred from any dower or curtesy interest in the real estate to which the spouse would have been lawfully entitled except for the disclaimer.

(c) Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

Acts 2003, No. 610, § 15.
Ark. Code Ann. § 28-75-118 — AR Code / Title 28 / Chapter 28 / Section 28-75-118
Relation to Electronic Signatures and Global National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b) . Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b) .

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-75-104 — AR Code / Title 28 / Chapter 28 / Section 28-75-104
User direction for disclosure of digital assets
Status: in_force

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. (c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-73-404 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-404
Trust purposes
Status: in_force

A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. Acts 2005, No. 1031, § 1.

A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-27-101 — AR Code / Title 28 / Chapter 27 / Section 28-27-101
Testamentary additions to trusts
Status: in_force

(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. (b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. (c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse. Acts 1995, No. 751, § 1.

(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.

(b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.

(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.

Acts 1995, No. 751, § 1.
Ark. Code Ann. § 28-51-301 — AR Code / Title 28 / Chapter 51 / Subchapter 3 / Section 28-51-301
Sale, mortgage, or lease
Status: in_force

(a) (1) Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in the property, wherever situated in this state. (2) The court may authorize the execution of any contract relating to, or conveyance or transfer of, any such property, right, or interest, containing such customary or desirable provisions with reference thereto, as the court shall find to be for the best interest of the estate. (b) The petition shall set forth the reasons for the application and describe the property or right or interest involved and the terms of the contract, conveyance, or transfer for which authority is sought and shall include a description of the bond of the personal representative and a statement of the facts essential to determine its sufficiency. (c) Upon the filing of the petition, the court shall fix the time and place for the hearing. Notice of the hearing stating the nature of the application shall be given to such interested persons as the court may direct in the manner provided in § 28-1-112 , unless the value of the interest to be sold, mortgaged, or leased is not more than ten thousand dollars ($10,000), in which case the court, at its discretion, may hear the petition without notice. (d) At the hearing and upon satisfactory proof, the court may order the sale, mortgage, or lease of the property described or any part thereof or right or interest therein. (e) At the discretion of the court, real property encumbered by a lien may be ordered sold subject to the lien. Acts 1949, No. 140, § 137; 1951, No. 255, § 11; 1967, No. 287, § 13; A.S.A. 1947, § 62-2714; Acts 2003, No. 177, § 3.

(a) (1) Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in the property, wherever situated in this state. (2) The court may authorize the execution of any contract relating to, or conveyance or transfer of, any such property, right, or interest, containing such customary or desirable provisions with reference thereto, as the court shall find to be for the best interest of the estate.

(1) Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in the property, wherever situated in this state.

(2) The court may authorize the execution of any contract relating to, or conveyance or transfer of, any such property, right, or interest, containing such customary or desirable provisions with reference thereto, as the court shall find to be for the best interest of the estate.

(b) The petition shall set forth the reasons for the application and describe the property or right or interest involved and the terms of the contract, conveyance, or transfer for which authority is sought and shall include a description of the bond of the personal representative and a statement of the facts essential to determine its sufficiency.

(c) Upon the filing of the petition, the court shall fix the time and place for the hearing. Notice of the hearing stating the nature of the application shall be given to such interested persons as the court may direct in the manner provided in § 28-1-112 , unless the value of the interest to be sold, mortgaged, or leased is not more than ten thousand dollars ($10,000), in which case the court, at its discretion, may hear the petition without notice.

(d) At the hearing and upon satisfactory proof, the court may order the sale, mortgage, or lease of the property described or any part thereof or right or interest therein.

(e) At the discretion of the court, real property encumbered by a lien may be ordered sold subject to the lien.

Acts 1949, No. 140, § 137; 1951, No. 255, § 11; 1967, No. 287, § 13; A.S.A. 1947, § 62-2714; Acts 2003, No. 177, § 3.
Ark. Code Ann. § 28-2-217 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-217
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. Section 7001(c) ) or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. Section 7003(b) ). Acts 2003, No. 610, § 17.

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. Section 7001(c) ) or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. Section 7003(b) ).

Acts 2003, No. 610, § 17.
Ark. Code Ann. § 28-72-408 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-408
General powers of custodial trustee
Status: in_force

(a) A custodial trustee, acting in fiduciary capacity, has all the rights and powers of custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only. (b) This section does not relieve a custodial trustee from liability for a violation of § 28-72-407 . Acts 1991, No. 273, § 8.

(a) A custodial trustee, acting in fiduciary capacity, has all the rights and powers of custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.

(b) This section does not relieve a custodial trustee from liability for a violation of § 28-72-407 .

Acts 1991, No. 273, § 8.
Ark. Code Ann. § 28-39-405 — AR Code / Title 28 / Chapter 39 / Subchapter 4 / Section 28-39-405
Right of election personal to surviving spouse
Status: in_force

(a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse. (b) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf. Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.

(a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.

(b) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.

Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.
Ark. Code Ann. § 28-70-601 — AR Code / Title 28 / Chapter 70 / Subchapter 6 / Section 28-70-601
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 601.

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022.

Acts 1999, No. 647, § 601.
Ark. Code Ann. § 28-76-115 — AR Code / Title 28 / Chapter 76 / Section 28-76-115
Jurisdiction over trust director
Status: in_force

(a) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (b) This section does not preclude other methods of obtaining jurisdiction over a trust director. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.

(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-54-108 — AR Code / Title 28 / Chapter 54 / Section 28-54-108
Securing payment of estate tax from property in possession of fiduciary
Status: in_force

(a) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made. (b) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee. (c) As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee. Acts 2007, No. 276, § 1.

(a) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made.

(b) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee.

(c) As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-73-401 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-401
Methods of creating trust
Status: in_force

A trust may be created by: (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of property that the owner holds identifiable property as trustee; (3) exercise of a power of appointment in favor of a trustee; or (4) an agent under a power of attorney that expressly grants the agent the authority to create a trust. Amended by Act 2021, No. 804,§ 3, eff. 7/28/2021. Acts 2005, No. 1031, § 1.

A trust may be created by:

(1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(2) declaration by the owner of property that the owner holds identifiable property as trustee;

(3) exercise of a power of appointment in favor of a trustee; or

(4) an agent under a power of attorney that expressly grants the agent the authority to create a trust.

Amended by Act 2021, No. 804,§ 3, eff. 7/28/2021.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-118 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-118
Agent's resignation - Notice
Status: in_force

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or (2) if there is no person described in paragraph (1), to: (A) the principal's caregiver; (B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or (C) a governmental agency having authority to protect the welfare of the principal. Acts 2011, No. 805, § 1.

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:

(1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or

(2) if there is no person described in paragraph (1), to: (A) the principal's caregiver; (B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or (C) a governmental agency having authority to protect the welfare of the principal.

(A) the principal's caregiver;

(B) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or

(C) a governmental agency having authority to protect the welfare of the principal.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-53-103 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-103
Order of final distribution - Notice and hearing
Status: in_force

(a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing. (b) In addition to the notice required by § 28-52-106 , the clerk, by one (1) or more of the methods provided by § 28-1-112 as the court may by rule or specific order direct, shall notify all distributees of the estate, the surviving spouse, if any, of the decedent, all unpaid creditors, the surety of the personal representative, and such other persons, if any, as the court may direct, of the filing of the final account and the date set for hearing thereon. (c) However, the court may order a final distribution or approve a final distribution previously made immediately upon the filing of the final account when it appears to the court that all parties in interest who are of full age and under no disability have waived the notice and hearing and that the guardians of all parties in interest who are minors or under disability of incompetency have waived the notice and hearing. Acts 1949, No. 140, § 161; 1959, No. 190, § 1; 1971, No. 334, § 1; A.S.A. 1947, § 62-2902.

(a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing.

(b) In addition to the notice required by § 28-52-106 , the clerk, by one (1) or more of the methods provided by § 28-1-112 as the court may by rule or specific order direct, shall notify all distributees of the estate, the surviving spouse, if any, of the decedent, all unpaid creditors, the surety of the personal representative, and such other persons, if any, as the court may direct, of the filing of the final account and the date set for hearing thereon.

(c) However, the court may order a final distribution or approve a final distribution previously made immediately upon the filing of the final account when it appears to the court that all parties in interest who are of full age and under no disability have waived the notice and hearing and that the guardians of all parties in interest who are minors or under disability of incompetency have waived the notice and hearing.

Acts 1949, No. 140, § 161; 1959, No. 190, § 1; 1971, No. 334, § 1; A.S.A. 1947, § 62-2902.
Ark. Code Ann. § 28-53-119 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-119
Reopening administration
Status: in_force

(a) (1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the estate and without notice or upon such notice as it may direct, may order that the estate be reopened. (2) It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary. (b) Unless the court shall otherwise order, the provisions of the Probate Code as to an original administration shall apply to the proceedings had in the reopened administration so far as may be appropriate. However, no claim which is already barred can be asserted in the reopened administration. Acts 1949, No. 140, § 172; A.S.A. 1947, § 62-2913.

(a) (1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the estate and without notice or upon such notice as it may direct, may order that the estate be reopened. (2) It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary.

(1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the estate and without notice or upon such notice as it may direct, may order that the estate be reopened.

(2) It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary.

(b) Unless the court shall otherwise order, the provisions of the Probate Code as to an original administration shall apply to the proceedings had in the reopened administration so far as may be appropriate. However, no claim which is already barred can be asserted in the reopened administration.

Acts 1949, No. 140, § 172; A.S.A. 1947, § 62-2913.
Ark. Code Ann. § 28-68-115 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-115
Exoneration of agent
Status: in_force

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or (2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. Acts 2011, No. 805, § 1.

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-26-101 — AR Code / Title 28 / Chapter 26 / Section 28-26-101
Construction of will
Status: in_force

(a) The court in which a will is probated or to which the administration proceeding may have been transferred shall have jurisdiction to construe it at any time during the administration. (b) The construction may be made on the petition of the personal representative or of any other person interested in the will, or if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of the issue. (c) When a petition for the construction of a will is filed, notice of the hearing shall be given to persons interested in the construction of the will. Acts 1949, No. 140, § 32; A.S.A. 1947, § 60-416.

(a) The court in which a will is probated or to which the administration proceeding may have been transferred shall have jurisdiction to construe it at any time during the administration.

(b) The construction may be made on the petition of the personal representative or of any other person interested in the will, or if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of the issue.

(c) When a petition for the construction of a will is filed, notice of the hearing shall be given to persons interested in the construction of the will.

Acts 1949, No. 140, § 32; A.S.A. 1947, § 60-416.
Ark. Code Ann. § 28-13-109 — AR Code / Title 28 / Chapter 13 / Section 28-13-109
Sale of escheated real estate
Status: in_force

(a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the escheated property, as provided for in § 28-13-110 . (b) All lands escheated to the State of Arkansas under the provisions of law shall be sold in the manner provided in this section. (c) The Commissioner of State Lands shall cause the lands to be sold by the sheriffs of the several counties in which the lands may be situated, at the courthouse door in the county, at public auction for cash, on the first day of the circuit court, but first giving four (4) weeks' notice of the time, place, and terms of the sale and published in a newspaper published in the county. If there is no newspaper therein, then publication shall be by notices posted at six (6) of the most public places in the county four (4) weeks before the day of sale. (d) Immediately upon the receipt of the purchase money, the sheriff shall pay the purchase money over to the Treasurer of State for use of the Public School Fund of the state and report the sale and the amount for which the lands were sold to the Commissioner of State Lands who shall make and keep a record thereof in his or her office. (e) If the Commissioner of State Lands shall find the sale to have been in conformity to law and the purchase money fully paid, he or she shall execute a deed under his or her hand and official seal conveying all the title of the state in the lands to the purchaser. The deed, duly executed, shall be admitted to record and received as evidence in all the courts of this state. (f) As compensation for his or her services in making the sale, the sheriff shall receive two percent (2%) upon the amount of the purchase money received for the land and, also, the actual cost of advertising the sale. These amounts are to be deducted from the purchase money received at the sale. Rev. Stat., ch. 57, § 28; Acts 1885, No. 18, §§ 1-4, p. 22; C. & M. Dig., §§ 4105-4109; Pope's Dig., §§ 5114-5118; Acts 1985, No. 703, § 5; A.S.A. 1947, §§ 62-1828 -- 62-1832.

(a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the escheated property, as provided for in § 28-13-110 .

(b) All lands escheated to the State of Arkansas under the provisions of law shall be sold in the manner provided in this section.

(c) The Commissioner of State Lands shall cause the lands to be sold by the sheriffs of the several counties in which the lands may be situated, at the courthouse door in the county, at public auction for cash, on the first day of the circuit court, but first giving four (4) weeks' notice of the time, place, and terms of the sale and published in a newspaper published in the county. If there is no newspaper therein, then publication shall be by notices posted at six (6) of the most public places in the county four (4) weeks before the day of sale.

(d) Immediately upon the receipt of the purchase money, the sheriff shall pay the purchase money over to the Treasurer of State for use of the Public School Fund of the state and report the sale and the amount for which the lands were sold to the Commissioner of State Lands who shall make and keep a record thereof in his or her office.

(e) If the Commissioner of State Lands shall find the sale to have been in conformity to law and the purchase money fully paid, he or she shall execute a deed under his or her hand and official seal conveying all the title of the state in the lands to the purchaser. The deed, duly executed, shall be admitted to record and received as evidence in all the courts of this state.

(f) As compensation for his or her services in making the sale, the sheriff shall receive two percent (2%) upon the amount of the purchase money received for the land and, also, the actual cost of advertising the sale. These amounts are to be deducted from the purchase money received at the sale.

Rev. Stat., ch. 57, § 28; Acts 1885, No. 18, §§ 1-4, p. 22; C. & M. Dig., §§ 4105-4109; Pope's Dig., §§ 5114-5118; Acts 1985, No. 703, § 5; A.S.A. 1947, §§ 62-1828 -- 62-1832.
Ark. Code Ann. § 28-77-502 — AR Code / Title 28 / Chapter 77 / Subchapter 5 / Section 28-77-502
Disbursement from principal
Status: in_force

(a) Subject to § 28-77-505 , and except as otherwise provided in § 28-77-601(c)(2) , a fiduciary shall disburse from principal: (1) the balance of the disbursements described in § 28-77-501(1) and § 28-77-501(3) , after application of § 28-77-501(2) ; (2) the fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination; (3) a payment of an expense to prepare for or execute a sale or other disposition of property; (4) a payment on the principal of a trust debt; (5) a payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property; (6) a payment of a premium for insurance, including title insurance, not described in § 28-77-501(4) , of which the fiduciary is the owner and beneficiary; (7) a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and (8) a payment: (A) related to environmental matters, including: (i) reclamation; (ii) assessing environmental conditions; (iii) remedying and removing environmental contamination; (iv) monitoring remedial activities and the release of substances; (v) preventing future releases of substances; (vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v); (vii) penalties imposed under environmental laws or regulations; (viii) other actions to comply with environmental laws or regulations; (ix) statutory or common law claims by third parties; and (x) defending claims based on environmental matters; and (B) for a premium for insurance for matters described in subparagraph (A). (b) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) Subject to § 28-77-505 , and except as otherwise provided in § 28-77-601(c)(2) , a fiduciary shall disburse from principal: (1) the balance of the disbursements described in § 28-77-501(1) and § 28-77-501(3) , after application of § 28-77-501(2) ; (2) the fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination; (3) a payment of an expense to prepare for or execute a sale or other disposition of property; (4) a payment on the principal of a trust debt; (5) a payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property; (6) a payment of a premium for insurance, including title insurance, not described in § 28-77-501(4) , of which the fiduciary is the owner and beneficiary; (7) a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and (8) a payment: (A) related to environmental matters, including: (i) reclamation; (ii) assessing environmental conditions; (iii) remedying and removing environmental contamination; (iv) monitoring remedial activities and the release of substances; (v) preventing future releases of substances; (vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v); (vii) penalties imposed under environmental laws or regulations; (viii) other actions to comply with environmental laws or regulations; (ix) statutory or common law claims by third parties; and (x) defending claims based on environmental matters; and (B) for a premium for insurance for matters described in subparagraph (A).

(1) the balance of the disbursements described in § 28-77-501(1) and § 28-77-501(3) , after application of § 28-77-501(2) ;

(2) the fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination;

(3) a payment of an expense to prepare for or execute a sale or other disposition of property;

(4) a payment on the principal of a trust debt;

(5) a payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property;

(6) a payment of a premium for insurance, including title insurance, not described in § 28-77-501(4) , of which the fiduciary is the owner and beneficiary;

(7) a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and

(8) a payment: (A) related to environmental matters, including: (i) reclamation; (ii) assessing environmental conditions; (iii) remedying and removing environmental contamination; (iv) monitoring remedial activities and the release of substances; (v) preventing future releases of substances; (vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v); (vii) penalties imposed under environmental laws or regulations; (viii) other actions to comply with environmental laws or regulations; (ix) statutory or common law claims by third parties; and (x) defending claims based on environmental matters; and (B) for a premium for insurance for matters described in subparagraph (A).

(A) related to environmental matters, including: (i) reclamation; (ii) assessing environmental conditions; (iii) remedying and removing environmental contamination; (iv) monitoring remedial activities and the release of substances; (v) preventing future releases of substances; (vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v); (vii) penalties imposed under environmental laws or regulations; (viii) other actions to comply with environmental laws or regulations; (ix) statutory or common law claims by third parties; and (x) defending claims based on environmental matters; and

(i) reclamation;

(ii) assessing environmental conditions;

(iii) remedying and removing environmental contamination;

(iv) monitoring remedial activities and the release of substances;

(v) preventing future releases of substances;

(vi) collecting amounts from persons liable or potentially liable for the costs of activities described in clauses (i) through (v);

(vii) penalties imposed under environmental laws or regulations;

(viii) other actions to comply with environmental laws or regulations;

(ix) statutory or common law claims by third parties; and

(x) defending claims based on environmental matters; and

(B) for a premium for insurance for matters described in subparagraph (A).

(b) If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-319 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-319
Employment of professionals
Status: in_force

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration. (2) If the guardian is an attorney and has performed necessary legal services in connection with the guardianship, the court shall take into consideration the nature and extent of such services in fixing the compensation of the guardian. (b) The guardian, when authorized by the court, may employ accountants, engineers, appraisers, brokers, and other persons whose services are reasonably required in the discharge of his or her duties, and the court shall fix the compensation for such services, which shall be allowed as an item of expense of the administration. Acts 1985, No. 940, § 42; A.S.A. 1947, § 57-861.

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration. (2) If the guardian is an attorney and has performed necessary legal services in connection with the guardianship, the court shall take into consideration the nature and extent of such services in fixing the compensation of the guardian.

(1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.

(2) If the guardian is an attorney and has performed necessary legal services in connection with the guardianship, the court shall take into consideration the nature and extent of such services in fixing the compensation of the guardian.

(b) The guardian, when authorized by the court, may employ accountants, engineers, appraisers, brokers, and other persons whose services are reasonably required in the discharge of his or her duties, and the court shall fix the compensation for such services, which shall be allowed as an item of expense of the administration.

Acts 1985, No. 940, § 42; A.S.A. 1947, § 57-861.
Ark. Code Ann. § 28-53-111 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-111
Setoffs
Status: in_force

When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the distributee shall be entitled to the benefit of any defense which would be available to him or her in a direct proceeding for the recovery of the debt. Acts 1949, No. 140, § 165; A.S.A. 1947, § 62-2906.

When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the distributee shall be entitled to the benefit of any defense which would be available to him or her in a direct proceeding for the recovery of the debt.

Acts 1949, No. 140, § 165; A.S.A. 1947, § 62-2906.
Ark. Code Ann. § 28-41-104 — AR Code / Title 28 / Chapter 41 / Section 28-41-104
Proceedings to revoke order
Status: in_force

At any time within one (1) year after the making of an order as provided in § 28-41-103 , the court, either for good cause shown upon petition of an interested person or upon its own motion, may set the order aside. Acts 1949, No. 140, § 69; A.S.A. 1947, § 62-2130.

At any time within one (1) year after the making of an order as provided in § 28-41-103 , the court, either for good cause shown upon petition of an interested person or upon its own motion, may set the order aside.

Acts 1949, No. 140, § 69; A.S.A. 1947, § 62-2130.
Ark. Code Ann. § 28-69-501 — AR Code / Title 28 / Chapter 69 / Subchapter 5 / Section 28-69-501
Spendthrift trust
Status: in_force

Any retirement plan which meets the requirements of section 401 or section 403 of the Internal Revenue Code of 1986, as amended, which contains a prohibition against alienation and a prohibition against attachment shall be conclusively presumed for the purposes of Arkansas law to be a spendthrift trust. Acts 1991, No. 1021, § 1.

Any retirement plan which meets the requirements of section 401 or section 403 of the Internal Revenue Code of 1986, as amended, which contains a prohibition against alienation and a prohibition against attachment shall be conclusively presumed for the purposes of Arkansas law to be a spendthrift trust.

Acts 1991, No. 1021, § 1.
Ark. Code Ann. § 28-12-102 — AR Code / Title 28 / Chapter 12 / Section 28-12-102
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 2; A.S.A. 1947, § 61-402.

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.

Acts 1981, No. 660, § 2; A.S.A. 1947, § 61-402.
Ark. Code Ann. § 28-25-105 — AR Code / Title 28 / Chapter 25 / Section 28-25-105
Foreign execution
Status: in_force

A will executed outside this state in a manner prescribed by §§ 28-25-101 - 28-25-104 or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution shall have the same force and effect in this state as if executed in this state in compliance with the provisions of §§ 28-25-101 - 28-25-104 . Acts 1949, No. 140, § 21; A.S.A. 1947, § 60-405.

A will executed outside this state in a manner prescribed by §§ 28-25-101 - 28-25-104 or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution shall have the same force and effect in this state as if executed in this state in compliance with the provisions of §§ 28-25-101 - 28-25-104 .

Acts 1949, No. 140, § 21; A.S.A. 1947, § 60-405.
Ark. Code Ann. § 28-51-109 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-109
Validity of proceedings - Appeals
Status: in_force

(a) (1) The findings of fact and conclusions of law essential to the validity of a sale, mortgage, lease, exchange, or conveyance of property of an estate by a personal representative, as contained in an order authorizing the sale or other disposition, or in an order confirming the sale or other disposition of property, shall not be subject to collateral attack. (2) However, on appeal from an order of confirmation, the party appealing may have appellate review not only of the order of confirmation, but also the original order authorizing the sale, mortgage, lease, exchange, or conveyance, although the time as otherwise provided for appeal from the order has elapsed. (b) Sales or conveyances of property by a personal representative by proceedings not in substantial compliance with the provisions of the Probate Code shall be void. Acts 1949, No. 140, § 133; A.S.A. 1947, § 62-2710.

(a) (1) The findings of fact and conclusions of law essential to the validity of a sale, mortgage, lease, exchange, or conveyance of property of an estate by a personal representative, as contained in an order authorizing the sale or other disposition, or in an order confirming the sale or other disposition of property, shall not be subject to collateral attack. (2) However, on appeal from an order of confirmation, the party appealing may have appellate review not only of the order of confirmation, but also the original order authorizing the sale, mortgage, lease, exchange, or conveyance, although the time as otherwise provided for appeal from the order has elapsed.

(1) The findings of fact and conclusions of law essential to the validity of a sale, mortgage, lease, exchange, or conveyance of property of an estate by a personal representative, as contained in an order authorizing the sale or other disposition, or in an order confirming the sale or other disposition of property, shall not be subject to collateral attack.

(2) However, on appeal from an order of confirmation, the party appealing may have appellate review not only of the order of confirmation, but also the original order authorizing the sale, mortgage, lease, exchange, or conveyance, although the time as otherwise provided for appeal from the order has elapsed.

(b) Sales or conveyances of property by a personal representative by proceedings not in substantial compliance with the provisions of the Probate Code shall be void.

Acts 1949, No. 140, § 133; A.S.A. 1947, § 62-2710.
Ark. Code Ann. § 28-73-707 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-707
Delivery of property by former trustee
Status: in_force

(a) Unless a cotrustee remains in office or a court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property. (b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. Acts 2005, No. 1031, § 1.

(a) Unless a cotrustee remains in office or a court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-70-504 — AR Code / Title 28 / Chapter 70 / Subchapter 5 / Section 28-70-504
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 504.

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022.

Acts 1999, No. 647, § 504.
Ark. Code Ann. § 28-65-312 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-312
Retention of property and investment
Status: in_force

(a) If it is in the best interest of the ward or his or her estate, the court may order the guardian of the estate to retain any property belonging to the ward which may come into the hands of the guardian otherwise than by purchase by the guardian, whether or not the property is of the nature authorized by § 28-65-311 , as an investment of the ward's funds. (b) If the guardian of the estate makes an investment which at the time of the making thereof shall meet the requirements of § 28-65-311 and the investment later fails to meet the requirements, the guardian may retain the investment, unless otherwise directed by the court. Acts 1985, No. 940, § 36; A.S.A. 1947, § 57-855.

(a) If it is in the best interest of the ward or his or her estate, the court may order the guardian of the estate to retain any property belonging to the ward which may come into the hands of the guardian otherwise than by purchase by the guardian, whether or not the property is of the nature authorized by § 28-65-311 , as an investment of the ward's funds.

(b) If the guardian of the estate makes an investment which at the time of the making thereof shall meet the requirements of § 28-65-311 and the investment later fails to meet the requirements, the guardian may retain the investment, unless otherwise directed by the court.

Acts 1985, No. 940, § 36; A.S.A. 1947, § 57-855.
Ark. Code Ann. § 28-76-110 — AR Code / Title 28 / Chapter 76 / Section 28-76-110
Duty to provide information to trust director or trustee
Status: in_force

(a) Subject to § 28-76-111 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) the powers or duties of the trustee; and (2) the powers or duties of the director. (b) Subject to § 28-76-111 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to: (1) the powers or duties of the director; and (2) the powers or duties of the trustee or other director. (c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance. (d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) Subject to § 28-76-111 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to: (1) the powers or duties of the trustee; and (2) the powers or duties of the director.

(1) the powers or duties of the trustee; and

(2) the powers or duties of the director.

(b) Subject to § 28-76-111 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to: (1) the powers or duties of the director; and (2) the powers or duties of the trustee or other director.

(1) the powers or duties of the director; and

(2) the powers or duties of the trustee or other director.

(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance.

(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-9-211 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-211
Alienage
Status: in_force

(a) No person is disqualified to inherit, or transmit by inheritance, real or personal property because he or she is or has been an alien. (b) An alien may inherit, or transmit by inheritance, as freely as a citizen of this state, subject to the same laws of intestate succession which are applicable to citizens of this state. (c) The term "alien" as used in this section refers to a person who is not a citizen of the United States. Acts 1969, No. 303, § 13; A.S.A. 1947, § 61-143.

(a) No person is disqualified to inherit, or transmit by inheritance, real or personal property because he or she is or has been an alien.

(b) An alien may inherit, or transmit by inheritance, as freely as a citizen of this state, subject to the same laws of intestate succession which are applicable to citizens of this state.

(c) The term "alien" as used in this section refers to a person who is not a citizen of the United States.

Acts 1969, No. 303, § 13; A.S.A. 1947, § 61-143.
Ark. Code Ann. § 28-10-201 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-201
Definitions
Status: in_force

In this subchapter: (1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one (1) or more to the whole of the property or account on the death of the other or others. (2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. (3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments. Acts 2005, No. 74, § 1.

In this subchapter:

(1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one (1) or more to the whole of the property or account on the death of the other or others.

(2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.

(3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-48-205 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-205
Approval of bond required
Status: in_force

(a) No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon. (b) Before giving approval of a bond executed by personal sureties, the court or clerk shall require affidavits from the sureties that they collectively own property in this state subject to execution of a value over and above their liabilities and equal to the amount of the bond. (c) In the event the bond is not approved, the personal representative, within such time as the court or the clerk may direct, shall secure a bond with satisfactory surety or sureties. Acts 1949, No. 140, § 86; 1951, No. 255, § 7; A.S.A. 1947, § 62-2217.

(a) No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon.

(b) Before giving approval of a bond executed by personal sureties, the court or clerk shall require affidavits from the sureties that they collectively own property in this state subject to execution of a value over and above their liabilities and equal to the amount of the bond.

(c) In the event the bond is not approved, the personal representative, within such time as the court or the clerk may direct, shall secure a bond with satisfactory surety or sureties.

Acts 1949, No. 140, § 86; 1951, No. 255, § 7; A.S.A. 1947, § 62-2217.
Ark. Code Ann. § 28-73-1008 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1008
Exculpation of trustee
Status: in_force

(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor. (b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. (c) This section applies only to irrevocable trusts created on or after September 1, 2005, and to revocable trusts which become irrevocable on or after September 1, 2005. Acts 2005, No. 1031, § 1.

(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or

(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.

(c) This section applies only to irrevocable trusts created on or after September 1, 2005, and to revocable trusts which become irrevocable on or after September 1, 2005.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-42-106 — AR Code / Title 28 / Chapter 42 / Section 28-42-106
Removal of assets to domiciliary jurisdiction
Status: in_force

(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution. (b) Order. (1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons. (2) The court, in its discretion, may grant, deny, or postpone action on the petition. (3) The granting of the petition shall not terminate the ancillary administration. Acts 1949, No. 140, § 183; A.S.A. 1947, § 62-3105.

(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.

(b) Order. (1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons. (2) The court, in its discretion, may grant, deny, or postpone action on the petition. (3) The granting of the petition shall not terminate the ancillary administration.

(1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.

(2) The court, in its discretion, may grant, deny, or postpone action on the petition.

(3) The granting of the petition shall not terminate the ancillary administration.

Acts 1949, No. 140, § 183; A.S.A. 1947, § 62-3105.
Ark. Code Ann. § 28-68-214 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-214
Benefits from governmental programs or civil or military service
Status: in_force

(a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to: (1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 28-68-213(a)(1) , and for shipment of their household effects; (2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose; (3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program; (4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation; (5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and (6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received. Acts 2011, No. 805, § 1.

(a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to: (1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 28-68-213(a)(1) , and for shipment of their household effects; (2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose; (3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program; (4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation; (5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and (6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.

(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in § 28-68-213(a)(1) , and for shipment of their household effects;

(2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;

(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.

Acts 2011, No. 805, § 1.