Ark. Code Ann. § 28-77-202 — AR Code / Title 28 / Chapter 77 / Subchapter 2 / Section 28-77-202
Judicial review of exercise of discretionary power - Request for instruction
Status: in_force

(a) In this section, "fiduciary decision" means: (1) a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter; (2) the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under § 28-77-203 , convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ; or (3) the fiduciary's implementation of a decision described in paragraph (1) or (2). (b) The court may not order a fiduciary to change a fiduciary decision unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion. (c) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including § 28-73-1001 . To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order: (1) the fiduciary to exercise or refrain from exercising the power to adjust under § 28-77-203 ; (2) the fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ; (3) the fiduciary to distribute an amount to a beneficiary; (4) a beneficiary to return some or all of a distribution; or (5) the fiduciary to withhold an amount from one or more future distributions to a beneficiary. (d) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion. If the petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies, and explains how the beneficiary will be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary's discretion. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) In this section, "fiduciary decision" means: (1) a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter; (2) the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under § 28-77-203 , convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ; or (3) the fiduciary's implementation of a decision described in paragraph (1) or (2).

(1) a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;

(2) the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to adjust under § 28-77-203 , convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ; or

(3) the fiduciary's implementation of a decision described in paragraph (1) or (2).

(b) The court may not order a fiduciary to change a fiduciary decision unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion.

(c) If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including § 28-73-1001 . To place the beneficiaries in the positions the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order: (1) the fiduciary to exercise or refrain from exercising the power to adjust under § 28-77-203 ; (2) the fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ; (3) the fiduciary to distribute an amount to a beneficiary; (4) a beneficiary to return some or all of a distribution; or (5) the fiduciary to withhold an amount from one or more future distributions to a beneficiary.

(1) the fiduciary to exercise or refrain from exercising the power to adjust under § 28-77-203 ;

(2) the fiduciary to exercise or refrain from exercising the power to convert an income trust to a unitrust under § 28-77-303(a)(1) , change the percentage or method used to calculate a unitrust amount under § 28-77-303(a)(2) , or convert a unitrust to an income trust under § 28-77-303(a)(3) ;

(3) the fiduciary to distribute an amount to a beneficiary;

(4) a beneficiary to return some or all of a distribution; or

(5) the fiduciary to withhold an amount from one or more future distributions to a beneficiary.

(d) On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion. If the petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies, and explains how the beneficiary will be affected by the proposed decision, a beneficiary that opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary's discretion.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-73-813 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-813
Duty to inform and report
Status: in_force

(a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust. (b) A trustee: (1) upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument; (2) within sixty (60) days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number; and (3) within sixty (60) days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries: (A) of the trust's existence; (B) of the identity of the settlor or settlors; (C) of the right to request a copy of the trust instrument; (D) of the right to a trustee's report as provided in subsection (c); and (E) in advance of any change in the method or rate of the trustee's compensation. (c) (1) A trustee shall send to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. (2) Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. (3) A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee. (d) A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given. (e) Subsections (a)-(c) apply only to an irrevocable trust created on or after September 1, 2005, and to a revocable trust which becomes irrevocable on or after September 1, 2005. Acts 2005, No. 1031, § 1.

(a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.

(b) A trustee: (1) upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument; (2) within sixty (60) days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number; and (3) within sixty (60) days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries: (A) of the trust's existence; (B) of the identity of the settlor or settlors; (C) of the right to request a copy of the trust instrument; (D) of the right to a trustee's report as provided in subsection (c); and (E) in advance of any change in the method or rate of the trustee's compensation.

(1) upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;

(2) within sixty (60) days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number; and

(3) within sixty (60) days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries: (A) of the trust's existence; (B) of the identity of the settlor or settlors; (C) of the right to request a copy of the trust instrument; (D) of the right to a trustee's report as provided in subsection (c); and (E) in advance of any change in the method or rate of the trustee's compensation.

(A) of the trust's existence;

(B) of the identity of the settlor or settlors;

(C) of the right to request a copy of the trust instrument;

(D) of the right to a trustee's report as provided in subsection (c); and

(E) in advance of any change in the method or rate of the trustee's compensation.

(c) (1) A trustee shall send to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. (2) Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. (3) A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.

(1) A trustee shall send to the distributees or permissible distributees of trust income or principal, and to other qualified or nonqualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values.

(2) Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee.

(3) A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.

(d) A beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.

(e) Subsections (a)-(c) apply only to an irrevocable trust created on or after September 1, 2005, and to a revocable trust which becomes irrevocable on or after September 1, 2005.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-49-112 — AR Code / Title 28 / Chapter 49 / Section 28-49-112
Continuation of business
Status: in_force

(a) (1) Unless a testator shall otherwise direct by his or her last will and testament, a personal representative shall have authority to continue any business in which the decedent may have been engaged at the time of death for a period not exceeding one (1) month following the date of the granting of letters of administration without obtaining an order of the court, and, if the business is that of conducting farming operations, he or she may so continue the farming operations for a period of three (3) months or until the end of the calendar year in which the death of the decedent occurred, whichever shall be the longer. (2) Thereafter, upon petition of the personal representative, the court may order the further continuance of the operation of the business, if not a farming operation, by the personal representative for an additional period not to exceed three (3) months, and for an additional period not to exceed one (1) year if it is a farming operation. (3) The petition shall set forth the reasons why the petitioner believes the business should be further continued and a brief financial statement of the operation of the business by the petitioner. (4) The court may from time to time further continue the period during which the business may be so operated. However, no one (1) continuance shall be for a period exceeding three (3) months if a non-farming operation or one (1) year for a farming operation. (5) The personal representative shall not have the authority to bind the estate beyond the last period during which the business was authorized to be continued. (b) The estate, but not the personal representative personally, shall be liable for damages resulting from torts or other acts committed by agents and employees of the estate in the course of their employment. (c) It is specifically recognized that the operation of any business undertaking involves hazard, chance, and danger of loss. In recognition of this fact, it is declared to be the legislative intent that no personal representative shall be held personally liable for loss resulting from mere lack of familiarity with the business operations, mistake of judgment made in good faith, or like causes. Acts 1949, No. 140, § 103; 1985, No. 1007, § 4; A.S.A. 1947, § 62-2410.

(a) (1) Unless a testator shall otherwise direct by his or her last will and testament, a personal representative shall have authority to continue any business in which the decedent may have been engaged at the time of death for a period not exceeding one (1) month following the date of the granting of letters of administration without obtaining an order of the court, and, if the business is that of conducting farming operations, he or she may so continue the farming operations for a period of three (3) months or until the end of the calendar year in which the death of the decedent occurred, whichever shall be the longer. (2) Thereafter, upon petition of the personal representative, the court may order the further continuance of the operation of the business, if not a farming operation, by the personal representative for an additional period not to exceed three (3) months, and for an additional period not to exceed one (1) year if it is a farming operation. (3) The petition shall set forth the reasons why the petitioner believes the business should be further continued and a brief financial statement of the operation of the business by the petitioner. (4) The court may from time to time further continue the period during which the business may be so operated. However, no one (1) continuance shall be for a period exceeding three (3) months if a non-farming operation or one (1) year for a farming operation. (5) The personal representative shall not have the authority to bind the estate beyond the last period during which the business was authorized to be continued.

(1) Unless a testator shall otherwise direct by his or her last will and testament, a personal representative shall have authority to continue any business in which the decedent may have been engaged at the time of death for a period not exceeding one (1) month following the date of the granting of letters of administration without obtaining an order of the court, and, if the business is that of conducting farming operations, he or she may so continue the farming operations for a period of three (3) months or until the end of the calendar year in which the death of the decedent occurred, whichever shall be the longer.

(2) Thereafter, upon petition of the personal representative, the court may order the further continuance of the operation of the business, if not a farming operation, by the personal representative for an additional period not to exceed three (3) months, and for an additional period not to exceed one (1) year if it is a farming operation.

(3) The petition shall set forth the reasons why the petitioner believes the business should be further continued and a brief financial statement of the operation of the business by the petitioner.

(4) The court may from time to time further continue the period during which the business may be so operated. However, no one (1) continuance shall be for a period exceeding three (3) months if a non-farming operation or one (1) year for a farming operation.

(5) The personal representative shall not have the authority to bind the estate beyond the last period during which the business was authorized to be continued.

(b) The estate, but not the personal representative personally, shall be liable for damages resulting from torts or other acts committed by agents and employees of the estate in the course of their employment.

(c) It is specifically recognized that the operation of any business undertaking involves hazard, chance, and danger of loss. In recognition of this fact, it is declared to be the legislative intent that no personal representative shall be held personally liable for loss resulting from mere lack of familiarity with the business operations, mistake of judgment made in good faith, or like causes.

Acts 1949, No. 140, § 103; 1985, No. 1007, § 4; A.S.A. 1947, § 62-2410.
Ark. Code Ann. § 28-69-402 — AR Code / Title 28 / Chapter 69 / Subchapter 4 / Section 28-69-402
Liability of trustee
Status: in_force

A trustee of a trust that is sought to be terminated, modified, or revoked, in whole or in part, pursuant to the terms of this subchapter, may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries. Acts 1989, No. 841, § 2.

A trustee of a trust that is sought to be terminated, modified, or revoked, in whole or in part, pursuant to the terms of this subchapter, may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries.

Acts 1989, No. 841, § 2.
Ark. Code Ann. § 28-67-105 — AR Code / Title 28 / Chapter 67 / Section 28-67-105
Appointment
Status: in_force

If, after a full hearing and examination upon the petition, it appears to the circuit court that the person in question is by reason of advanced age or physical disability unable to manage his or her property, the circuit court may appoint a conservator of his or her estate. Acts 1975, No. 372, § 3; A.S.A. 1947, § 57-703.

If, after a full hearing and examination upon the petition, it appears to the circuit court that the person in question is by reason of advanced age or physical disability unable to manage his or her property, the circuit court may appoint a conservator of his or her estate.

Acts 1975, No. 372, § 3; A.S.A. 1947, § 57-703.
Ark. Code Ann. § 28-75-115 — AR Code / Title 28 / Chapter 28 / Section 28-75-115
Fiduciary duty and authority
Status: in_force

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's authority with respect to a digital asset of a user: (1) except as otherwise provided in § 28-75-104 , is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. (e) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; (2) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; 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 user's account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A). Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality.

(1) the duty of care;

(2) the duty of loyalty; and

(3) the duty of confidentiality.

(b) A fiduciary's authority with respect to a digital asset of a user: (1) except as otherwise provided in § 28-75-104 , is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user.

(1) except as otherwise provided in § 28-75-104 , is subject to the applicable terms of service;

(2) is subject to other applicable law, including copyright law;

(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and

(4) may not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.

(e) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.

(1) has the right to access the property and any digital asset stored in it; and

(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; (2) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; 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 user's account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).

(1) if the user is deceased, a certified copy of the death certificate of the user;

(2) a certified copy of the Letters Testamentary, Letters of Administration, small-estate affidavit or court order, power of attorney, trust, or court order giving the fiduciary authority over the account; 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 user's account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).

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

(B) evidence linking the account to the user; or

(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (3)(A).

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-39-101 — AR Code / Title 28 / Chapter 39 / Subchapter 1 / Section 28-39-101
Allowances to surviving spouse and minor children
Status: in_force

(a) (1) In addition to their homestead, dower, and curtesy rights, the surviving spouse and minor children of a decedent, or either in the absence of the other, shall be entitled to have assigned to them out of the property owned by the decedent at the time of his or her death, personal property, tangible or intangible, to be selected prior to the sale thereof by the personal representative or after sale out of the proceeds thereof by the surviving spouse, if there is a surviving spouse or, otherwise, by the guardian of the minor children, when the personal property is of the value of four thousand dollars ($4,000) as against distributees or the value of two thousand dollars ($2,000) as against creditors. (2) The right to such an allowance shall vest in the surviving spouse upon the death of his or her spouse, shall not terminate with his or her subsequent death or remarriage, and shall become his or her absolute property or the property of his or her estate upon death without restriction as to use, encumbrance, or disposition. (3) If any of the minor children are not children of the surviving spouse, the allowance shall vest in the surviving spouse to the extent of one-half (½) thereof, and the remainder shall vest in the decedent's minor children in equal shares. (b) Such furniture, furnishings, appliances, implements, and equipment as shall be reasonably necessary for the family use and occupancy of his or her dwelling shall be assigned to and vested in the surviving spouse, if any, provided he or she was living with the decedent at the time of his or her death. (c) During a period of two (2) months after the death of the decedent, the surviving spouse and minor children, or either in the absence of the other, shall be entitled to receive from the estate such reasonable amount, not exceeding in the aggregate one thousand dollars ($1,000), as in the judgment of the court may be required for their sustenance, in accordance with the usual living standards of the family. (d) The provisions of subsections (a)-(c) of this section shall be cumulative, and the provisions of subsections (b) and (c) of this section shall apply as against creditors and distributees. Acts 1949, No. 140, § 108; 1951, No. 255, § 10; 1967, No. 287, § 8; 1981, No. 714, § 68; A.S.A. 1947, § 62-2501; Acts 2003, No. 177, §§ 1, 2.

(a) (1) In addition to their homestead, dower, and curtesy rights, the surviving spouse and minor children of a decedent, or either in the absence of the other, shall be entitled to have assigned to them out of the property owned by the decedent at the time of his or her death, personal property, tangible or intangible, to be selected prior to the sale thereof by the personal representative or after sale out of the proceeds thereof by the surviving spouse, if there is a surviving spouse or, otherwise, by the guardian of the minor children, when the personal property is of the value of four thousand dollars ($4,000) as against distributees or the value of two thousand dollars ($2,000) as against creditors. (2) The right to such an allowance shall vest in the surviving spouse upon the death of his or her spouse, shall not terminate with his or her subsequent death or remarriage, and shall become his or her absolute property or the property of his or her estate upon death without restriction as to use, encumbrance, or disposition. (3) If any of the minor children are not children of the surviving spouse, the allowance shall vest in the surviving spouse to the extent of one-half (½) thereof, and the remainder shall vest in the decedent's minor children in equal shares.

(1) In addition to their homestead, dower, and curtesy rights, the surviving spouse and minor children of a decedent, or either in the absence of the other, shall be entitled to have assigned to them out of the property owned by the decedent at the time of his or her death, personal property, tangible or intangible, to be selected prior to the sale thereof by the personal representative or after sale out of the proceeds thereof by the surviving spouse, if there is a surviving spouse or, otherwise, by the guardian of the minor children, when the personal property is of the value of four thousand dollars ($4,000) as against distributees or the value of two thousand dollars ($2,000) as against creditors.

(2) The right to such an allowance shall vest in the surviving spouse upon the death of his or her spouse, shall not terminate with his or her subsequent death or remarriage, and shall become his or her absolute property or the property of his or her estate upon death without restriction as to use, encumbrance, or disposition.

(3) If any of the minor children are not children of the surviving spouse, the allowance shall vest in the surviving spouse to the extent of one-half (½) thereof, and the remainder shall vest in the decedent's minor children in equal shares.

(b) Such furniture, furnishings, appliances, implements, and equipment as shall be reasonably necessary for the family use and occupancy of his or her dwelling shall be assigned to and vested in the surviving spouse, if any, provided he or she was living with the decedent at the time of his or her death.

(c) During a period of two (2) months after the death of the decedent, the surviving spouse and minor children, or either in the absence of the other, shall be entitled to receive from the estate such reasonable amount, not exceeding in the aggregate one thousand dollars ($1,000), as in the judgment of the court may be required for their sustenance, in accordance with the usual living standards of the family.

(d) The provisions of subsections (a)-(c) of this section shall be cumulative, and the provisions of subsections (b) and (c) of this section shall apply as against creditors and distributees.

Acts 1949, No. 140, § 108; 1951, No. 255, § 10; 1967, No. 287, § 8; 1981, No. 714, § 68; A.S.A. 1947, § 62-2501; Acts 2003, No. 177, §§ 1, 2.
Ark. Code Ann. § 28-67-111 — AR Code / Title 28 / Chapter 67 / Section 28-67-111
Subsequent appointment of guardian - Effect
Status: in_force

Any subsequent appointment of a guardian of the ward as an incompetent person shall be an appointment as guardian of the person, only, of the ward and shall not include the appointment of the guardian of the estate of the ward or in any manner affect the custody, management, and the handling of the estate of the ward by the conservator so long as the conservatorship proceedings are pending. Acts 1975, No. 372, § 9; A.S.A. 1947, § 57-709.

Any subsequent appointment of a guardian of the ward as an incompetent person shall be an appointment as guardian of the person, only, of the ward and shall not include the appointment of the guardian of the estate of the ward or in any manner affect the custody, management, and the handling of the estate of the ward by the conservator so long as the conservatorship proceedings are pending.

Acts 1975, No. 372, § 9; A.S.A. 1947, § 57-709.
Ark. Code Ann. § 28-51-102 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-102
Grant of power in will
Status: in_force

When power to sell, mortgage, lease, or exchange property of the estate has been given to a personal representative under the terms of a will, the personal representative may proceed under the power, or, consistent with the provisions of the will, may proceed under the provisions of the Probate Code, as he or she may determine. Acts 1949, No. 140, § 126; A.S.A. 1947, § 62-2703.

When power to sell, mortgage, lease, or exchange property of the estate has been given to a personal representative under the terms of a will, the personal representative may proceed under the power, or, consistent with the provisions of the will, may proceed under the provisions of the Probate Code, as he or she may determine.

Acts 1949, No. 140, § 126; A.S.A. 1947, § 62-2703.
Ark. Code Ann. § 28-54-114 — AR Code / Title 28 / Chapter 54 / Section 28-54-114
Delayed application
Status: in_force

(a) Sections 28-54-103 - 28-54-107 do not apply to the estate of a decedent who dies more than three years after January 1, 2008, if the decedent continuously lacked testamentary capacity from the expiration of the three-year period until the date of death. (b) For the estate of a decedent who dies on or after January 1, 2008, to which §§ 28-54-103 - 28-54-107 do not apply, estate taxes must be apportioned pursuant to the law in effect immediately before January 1, 2008. Acts 2007, No. 276, § 1.

(a) Sections 28-54-103 - 28-54-107 do not apply to the estate of a decedent who dies more than three years after January 1, 2008, if the decedent continuously lacked testamentary capacity from the expiration of the three-year period until the date of death.

(b) For the estate of a decedent who dies on or after January 1, 2008, to which §§ 28-54-103 - 28-54-107 do not apply, estate taxes must be apportioned pursuant to the law in effect immediately before January 1, 2008.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-24-101 — AR Code / Title 28 / Chapter 24 / Section 28-24-101
Contracts affecting the devise of property
Status: in_force

(a) A valid agreement made by a testator to convey property devised in a will previously made shall not revoke the previous devise, but the property shall pass by the will subject to the same remedies on the agreement against the devisee as might have been enforced against the decedent if he or she had survived. (b) (1) However, a contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 17, 1981, can be established only by: (A) Provisions of a will stating material provisions of the contract; (B) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (C) A writing signed by the decedent evidencing the contract. (2) The execution of a reciprocal or mutual will does not create a presumption of a contract not to revoke the will. Acts 1949, No. 140, § 28; 1981, No. 658, § 1; A.S.A. 1947, § 60-412.

(a) A valid agreement made by a testator to convey property devised in a will previously made shall not revoke the previous devise, but the property shall pass by the will subject to the same remedies on the agreement against the devisee as might have been enforced against the decedent if he or she had survived.

(b) (1) However, a contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 17, 1981, can be established only by: (A) Provisions of a will stating material provisions of the contract; (B) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (C) A writing signed by the decedent evidencing the contract. (2) The execution of a reciprocal or mutual will does not create a presumption of a contract not to revoke the will.

(1) However, a contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 17, 1981, can be established only by: (A) Provisions of a will stating material provisions of the contract; (B) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (C) A writing signed by the decedent evidencing the contract.

(A) Provisions of a will stating material provisions of the contract;

(B) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(C) A writing signed by the decedent evidencing the contract.

(2) The execution of a reciprocal or mutual will does not create a presumption of a contract not to revoke the will.

Acts 1949, No. 140, § 28; 1981, No. 658, § 1; A.S.A. 1947, § 60-412.
Ark. Code Ann. § 28-72-205 — AR Code / Title 28 / Chapter 72 / Subchapter 2 / Section 28-72-205
Amendment or termination of trust instrument
Status: in_force

The instrument creating any public trust may be amended, or the trust may be terminated, by agreement of the trustee, or, if there is more than one (1) trustee, then of all of the trustees, and of the authority having the power of acceptance of beneficial interest thereunder. However, no such amendment or termination shall be effective while there exist any contractual obligations chargeable against the trust estate or its revenues unless the holder of the contractual obligations also agrees thereto. Acts 1961, No. 459, § 7; A.S.A. 1947, § 58-407.

The instrument creating any public trust may be amended, or the trust may be terminated, by agreement of the trustee, or, if there is more than one (1) trustee, then of all of the trustees, and of the authority having the power of acceptance of beneficial interest thereunder. However, no such amendment or termination shall be effective while there exist any contractual obligations chargeable against the trust estate or its revenues unless the holder of the contractual obligations also agrees thereto.

Acts 1961, No. 459, § 7; A.S.A. 1947, § 58-407.
Ark. Code Ann. § 28-11-307 — AR Code / Title 28 / Chapter 11 / Subchapter 3 / Section 28-11-307
Dower or curtesy when no children
Status: in_force

(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely. (b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (1/3) as against creditors. Rev. Stat., ch. 52, § 21; Acts 1891, No. 65, § 1; C. & M. Dig., § 3536; Pope's Dig., § 4421; Acts 1981, No. 714, § 23; A.S.A. 1947, § 61-206.

(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.

(1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs.

(2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.

(b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (1/3) as against creditors.

Rev. Stat., ch. 52, § 21; Acts 1891, No. 65, § 1; C. & M. Dig., § 3536; Pope's Dig., § 4421; Acts 1981, No. 714, § 23; A.S.A. 1947, § 61-206.
Ark. Code Ann. § 28-15-106 — AR Code / Title 28 / Chapter 15 / Section 28-15-106
Disposition of property at death
Status: in_force

(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which this chapter applies belongs to the decedent and is subject to disposition by the decedent at death. (c) The property that belongs to the decedent under subsection (b) is not subject to the elective-share right of the surviving community-property spouse. (d) Except for the purpose of calculating the augmented estate of the decedent and the elective-share right of the surviving community-property spouse, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer. (e) This section does not limit the right of a surviving community-property spouse to allowances under § 28-39-101 et seq., § 28-39-201 et seq., § 28-39-301 et seq., and § 28-39-401 et seq. (f) If at death a decedent purports to transfer to a third person property that, under this section, belongs to the surviving community-property spouse and transfers other property to the surviving community-property spouse, this section does not limit the authority of the court under other law of this state to require that the community-property spouse elect between retaining the property transferred to the community-property spouse or asserting rights under this chapter. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death.

(b) One-half of the property to which this chapter applies belongs to the decedent and is subject to disposition by the decedent at death.

(c) The property that belongs to the decedent under subsection (b) is not subject to the elective-share right of the surviving community-property spouse.

(d) Except for the purpose of calculating the augmented estate of the decedent and the elective-share right of the surviving community-property spouse, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer.

(e) This section does not limit the right of a surviving community-property spouse to allowances under § 28-39-101 et seq., § 28-39-201 et seq., § 28-39-301 et seq., and § 28-39-401 et seq.

(f) If at death a decedent purports to transfer to a third person property that, under this section, belongs to the surviving community-property spouse and transfers other property to the surviving community-property spouse, this section does not limit the authority of the court under other law of this state to require that the community-property spouse elect between retaining the property transferred to the community-property spouse or asserting rights under this chapter.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-40-107 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-107
Petition for probate and appointment of personal representative
Status: in_force

(a) An interested person may petition the court of the proper county: (1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state; (2) For the appointment of executor if one is nominated in the will; (3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will. (b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both. (c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state: (1) The name, age, residence, and date and place of death of the decedent; (2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained; (3) The probable value, stated separately, of the real and of the personal property; (4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof; (5) If the venue is based upon § 28-40-102(a)(4) , the facts establishing the venue; (6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known; (7) The names and residence addresses of the persons, if any, nominated as executors; and (8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment. Acts 1949, No. 140, §§ 44, 45; A.S.A. 1947, §§ 62-2105, 62-2106.

(a) An interested person may petition the court of the proper county: (1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state; (2) For the appointment of executor if one is nominated in the will; (3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.

(1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;

(2) For the appointment of executor if one is nominated in the will;

(3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.

(b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.

(c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state: (1) The name, age, residence, and date and place of death of the decedent; (2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained; (3) The probable value, stated separately, of the real and of the personal property; (4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof; (5) If the venue is based upon § 28-40-102(a)(4) , the facts establishing the venue; (6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known; (7) The names and residence addresses of the persons, if any, nominated as executors; and (8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.

(1) The name, age, residence, and date and place of death of the decedent;

(2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;

(3) The probable value, stated separately, of the real and of the personal property;

(4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;

(5) If the venue is based upon § 28-40-102(a)(4) , the facts establishing the venue;

(6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known;

(7) The names and residence addresses of the persons, if any, nominated as executors; and

(8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.

Acts 1949, No. 140, §§ 44, 45; A.S.A. 1947, §§ 62-2105, 62-2106.
Ark. Code Ann. § 28-72-101 — AR Code / Title 28 / Chapter 72 / Subchapter 1 / Section 28-72-101
Jurisdiction of circuit courts
Status: in_force

The circuit courts of this state shall have jurisdiction of the estates of persons imprisoned in a foreign country and of the estates of missing persons. Acts 1943, No. 71, § 1; A.S.A. 1947, § 58-201.

The circuit courts of this state shall have jurisdiction of the estates of persons imprisoned in a foreign country and of the estates of missing persons.

Acts 1943, No. 71, § 1; A.S.A. 1947, § 58-201.
Ark. Code Ann. § 28-73-406 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-406
Creation of trust induced by fraud, duress, or undue influence
Status: in_force

A trust is void to the extent its creation was induced by fraud, duress, or undue influence. Acts 2005, No. 1031, § 1.

A trust is void to the extent its creation was induced by fraud, duress, or undue influence.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-203 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-203
Intestate succession generally
Status: in_force

(a) Any part of the estate of a decedent not effectively disposed of by his or her will shall pass to his or her heirs as prescribed in the following sections. (b) In this connection, the terms "heir" and "heirs", as used in this subchapter, are intended to designate the person or persons who succeed by inheritance to the ownership of real or personal property in respect to which a person dies intestate. (c) (1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate. (2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code. Acts 1969, No. 303, § 1; 1973, No. 33, § 1; A.S.A. 1947, § 61-131.

(a) Any part of the estate of a decedent not effectively disposed of by his or her will shall pass to his or her heirs as prescribed in the following sections.

(b) In this connection, the terms "heir" and "heirs", as used in this subchapter, are intended to designate the person or persons who succeed by inheritance to the ownership of real or personal property in respect to which a person dies intestate.

(c) (1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate. (2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code.

(1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate.

(2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code.

Acts 1969, No. 303, § 1; 1973, No. 33, § 1; A.S.A. 1947, § 61-131.
Ark. Code Ann. § 28-10-202 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-202
Requirement of survival by 120 hours under probate code
Status: in_force

Except as provided in § 28-10-206 , if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state. Acts 2005, No. 74, § 1.

Except as provided in § 28-10-206 , if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-72-421 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-421
Title
Status: in_force

This subchapter may be cited as the "Arkansas Custodial Trust Act." Acts 1991, No. 273, § 21.

This subchapter may be cited as the "Arkansas Custodial Trust Act."

Acts 1991, No. 273, § 21.
Ark. Code Ann. § 28-77-305 — AR Code / Title 28 / Chapter 77 / Subchapter 3 / Section 28-77-305
Unitrust policy
Status: in_force

(a) In administering a unitrust under this subchapter, a fiduciary shall follow a unitrust policy adopted under § 28-77-303(a)(1) or § 28-77-303(a)(2) or amended or replaced under § 28-77-303(a)(2) . (b) A unitrust policy must provide: (1) the unitrust rate or the method for determining the unitrust rate under § 28-77-306 ; (2) the method for determining the applicable value under § 28-77-307 ; and (3) the rules described in §§ 28-77-306 through 28-77-309 which apply in the administration of the unitrust, whether the rules are: (A) mandatory, as provided in § 28-77-307(a) and § 28-77-308(a) ; or (B) optional, as provided in § 28-77-306 , § 28-77-307(b) , § 28-77-308(b) , and § 28-77-309(a) , to the extent the fiduciary elects to adopt those rules. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) In administering a unitrust under this subchapter, a fiduciary shall follow a unitrust policy adopted under § 28-77-303(a)(1) or § 28-77-303(a)(2) or amended or replaced under § 28-77-303(a)(2) .

(b) A unitrust policy must provide: (1) the unitrust rate or the method for determining the unitrust rate under § 28-77-306 ; (2) the method for determining the applicable value under § 28-77-307 ; and (3) the rules described in §§ 28-77-306 through 28-77-309 which apply in the administration of the unitrust, whether the rules are: (A) mandatory, as provided in § 28-77-307(a) and § 28-77-308(a) ; or (B) optional, as provided in § 28-77-306 , § 28-77-307(b) , § 28-77-308(b) , and § 28-77-309(a) , to the extent the fiduciary elects to adopt those rules.

(1) the unitrust rate or the method for determining the unitrust rate under § 28-77-306 ;

(2) the method for determining the applicable value under § 28-77-307 ; and

(3) the rules described in §§ 28-77-306 through 28-77-309 which apply in the administration of the unitrust, whether the rules are: (A) mandatory, as provided in § 28-77-307(a) and § 28-77-308(a) ; or (B) optional, as provided in § 28-77-306 , § 28-77-307(b) , § 28-77-308(b) , and § 28-77-309(a) , to the extent the fiduciary elects to adopt those rules.

(A) mandatory, as provided in § 28-77-307(a) and § 28-77-308(a) ; or

(B) optional, as provided in § 28-77-306 , § 28-77-307(b) , § 28-77-308(b) , and § 28-77-309(a) , to the extent the fiduciary elects to adopt those rules.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-68-404 — AR Code / Title 28 / Chapter 68 / Subchapter 4 / Section 28-68-404
Reserved
Status: repealed

Acts 1999, No. 1423, § 4; 2011, No. 805, § 1.
Ark. Code Ann. § 28-51-304 — AR Code / Title 28 / Chapter 51 / Subchapter 3 / Section 28-51-304
Sales at public auction
Status: in_force

(a) (1) In all sales of real property at public auction, the personal representative shall give notice of the sale, particularly describing the property to be sold, and stating the time, place, and terms of sale. (2) The notice shall be printed one (1) time a week for three (3) consecutive weeks in a newspaper published or having a general circulation in the county in which the property is situated. (3) (A) If the notice covers property located in more than one (1) county, the notice shall be published as prescribed in this section in each county in which the property is situated. (B) However, if the notice embraces tracts which are contiguous and lie in more than one (1) county, the notice shall be published in the county in which the greater part in value is situated. (4) If the property is appraised at not more than five hundred dollars ($500), in lieu of newspaper publication the personal representative may post the notice in the courthouse of each county in which the property is situated in a conspicuous place near a principal entrance, post the notice on each tract to be sold, and post three (3) additional notices in each county in which the property is situated. (b) If the tracts to be sold are contiguous and lie in more than one (1) county, the sale may be made in the county in which the greater part of the land, in value, is situated. Otherwise, each tract of land shall be sold in the county in which it is situated. Acts 1949, No. 140, § 141; A.S.A. 1947, § 62-2718.

(a) (1) In all sales of real property at public auction, the personal representative shall give notice of the sale, particularly describing the property to be sold, and stating the time, place, and terms of sale. (2) The notice shall be printed one (1) time a week for three (3) consecutive weeks in a newspaper published or having a general circulation in the county in which the property is situated. (3) (A) If the notice covers property located in more than one (1) county, the notice shall be published as prescribed in this section in each county in which the property is situated. (B) However, if the notice embraces tracts which are contiguous and lie in more than one (1) county, the notice shall be published in the county in which the greater part in value is situated. (4) If the property is appraised at not more than five hundred dollars ($500), in lieu of newspaper publication the personal representative may post the notice in the courthouse of each county in which the property is situated in a conspicuous place near a principal entrance, post the notice on each tract to be sold, and post three (3) additional notices in each county in which the property is situated.

(1) In all sales of real property at public auction, the personal representative shall give notice of the sale, particularly describing the property to be sold, and stating the time, place, and terms of sale.

(2) The notice shall be printed one (1) time a week for three (3) consecutive weeks in a newspaper published or having a general circulation in the county in which the property is situated.

(3) (A) If the notice covers property located in more than one (1) county, the notice shall be published as prescribed in this section in each county in which the property is situated. (B) However, if the notice embraces tracts which are contiguous and lie in more than one (1) county, the notice shall be published in the county in which the greater part in value is situated.

(A) If the notice covers property located in more than one (1) county, the notice shall be published as prescribed in this section in each county in which the property is situated.

(B) However, if the notice embraces tracts which are contiguous and lie in more than one (1) county, the notice shall be published in the county in which the greater part in value is situated.

(4) If the property is appraised at not more than five hundred dollars ($500), in lieu of newspaper publication the personal representative may post the notice in the courthouse of each county in which the property is situated in a conspicuous place near a principal entrance, post the notice on each tract to be sold, and post three (3) additional notices in each county in which the property is situated.

(b) If the tracts to be sold are contiguous and lie in more than one (1) county, the sale may be made in the county in which the greater part of the land, in value, is situated. Otherwise, each tract of land shall be sold in the county in which it is situated.

Acts 1949, No. 140, § 141; A.S.A. 1947, § 62-2718.
Ark. Code Ann. § 28-48-104 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-104
Joint personal representatives
Status: in_force

(a) Unless otherwise provided by will, the powers given to two (2) personal representatives may be exercised only by their joint action, and powers given to more than two (2) personal representatives may be exercised only by the joint action of a majority of them. (b) Every power exercisable by joint personal representatives may be exercised by the survivor of them when one is dead or by the other when one (1) appointment is terminated by order of the court unless the power is given in the will and its terms otherwise clearly provide as to the exercise of the power. Acts 1949, No. 140, §§ 75, 76; A.S.A. 1947, §§ 62-2206, 62-2207.

(a) Unless otherwise provided by will, the powers given to two (2) personal representatives may be exercised only by their joint action, and powers given to more than two (2) personal representatives may be exercised only by the joint action of a majority of them.

(b) Every power exercisable by joint personal representatives may be exercised by the survivor of them when one is dead or by the other when one (1) appointment is terminated by order of the court unless the power is given in the will and its terms otherwise clearly provide as to the exercise of the power.

Acts 1949, No. 140, §§ 75, 76; A.S.A. 1947, §§ 62-2206, 62-2207.
Ark. Code Ann. § 28-72-701 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-701
Definitions
Status: in_force

As used in this subchapter: (1) "Adviser" means any person, including without limitation an accountant, attorney, or investment adviser, who gives advice concerning or was involved in the creation of, transfer of property to, or administration of a spendthrift trust or domestic asset protection trust, or who participated in the preparation of accountings, tax returns, or other reports related to a trust; (2) "Creditor" means a person with a claim; (3) "Document" means a will, trust, or instrument; (4) "Domestic asset protection trust" means a self-settled, first-party spendthrift trust; (5) "Remainder beneficiary" means a person entitled to receive principal when an income interest ends; (6) "Settlor" means: (A) The person who creates a spendthrift trust or domestic asset protection trust as described in the trust instrument; or (B) Any person who contributes assets to a spendthrift trust or domestic asset protection trust as to the assets that he or she contributed to the spendthrift trust or domestic asset protection trust except to the extent of consideration for the assets contributed by that person; and (7) "Spendthrift trust" means a trust that, by its terms, imposes a valid restraint on the voluntary and involuntary transfer of the interest of the beneficiary. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Adviser" means any person, including without limitation an accountant, attorney, or investment adviser, who gives advice concerning or was involved in the creation of, transfer of property to, or administration of a spendthrift trust or domestic asset protection trust, or who participated in the preparation of accountings, tax returns, or other reports related to a trust;

(2) "Creditor" means a person with a claim;

(3) "Document" means a will, trust, or instrument;

(4) "Domestic asset protection trust" means a self-settled, first-party spendthrift trust;

(5) "Remainder beneficiary" means a person entitled to receive principal when an income interest ends;

(6) "Settlor" means: (A) The person who creates a spendthrift trust or domestic asset protection trust as described in the trust instrument; or (B) Any person who contributes assets to a spendthrift trust or domestic asset protection trust as to the assets that he or she contributed to the spendthrift trust or domestic asset protection trust except to the extent of consideration for the assets contributed by that person; and

(A) The person who creates a spendthrift trust or domestic asset protection trust as described in the trust instrument; or

(B) Any person who contributes assets to a spendthrift trust or domestic asset protection trust as to the assets that he or she contributed to the spendthrift trust or domestic asset protection trust except to the extent of consideration for the assets contributed by that person; and

(7) "Spendthrift trust" means a trust that, by its terms, imposes a valid restraint on the voluntary and involuntary transfer of the interest of the beneficiary.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-42-103 — AR Code / Title 28 / Chapter 42 / Section 28-42-103
Ancillary personal representative - Bond
Status: in_force

An ancillary personal representative shall give bond as required by § 28-48-201 . However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206 . Acts 1949, No. 140, § 180; A.S.A. 1947, § 62-3102.

An ancillary personal representative shall give bond as required by § 28-48-201 . However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206 .

Acts 1949, No. 140, § 180; A.S.A. 1947, § 62-3102.
Ark. Code Ann. § 28-73-1106 — AR Code / Title 28 / Chapter 73 / Subchapter 11 / Section 28-73-1106
Application to existing relationships
Status: in_force

(a) Except as otherwise provided in this chapter, on September 1, 2005: (1) this chapter applies to all trusts created before, on, or after September 1, 2005; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005; (3) this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies; (4) any rule of construction or presumption provided in this chapter applies to trust instruments executed before September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and (5) an act done before September 1, 2005, is not affected by this chapter. (b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before September 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded. Acts 2005, No. 1031, § 1.

(a) Except as otherwise provided in this chapter, on September 1, 2005: (1) this chapter applies to all trusts created before, on, or after September 1, 2005; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005; (3) this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies; (4) any rule of construction or presumption provided in this chapter applies to trust instruments executed before September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and (5) an act done before September 1, 2005, is not affected by this chapter.

(1) this chapter applies to all trusts created before, on, or after September 1, 2005;

(2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005;

(3) this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;

(4) any rule of construction or presumption provided in this chapter applies to trust instruments executed before September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and

(5) an act done before September 1, 2005, is not affected by this chapter.

(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before September 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-40-101 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-101
Character of proceeding
Status: in_force

(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction. (b) The entire proceeding is a proceeding in rem. (c) No notice shall be jurisdictional except as provided in §§ 28-40-110 and 28-53-103 . Acts 1949, No. 140, § 40; A.S.A. 1947, § 62-2101.

(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction.

(b) The entire proceeding is a proceeding in rem.

(c) No notice shall be jurisdictional except as provided in §§ 28-40-110 and 28-53-103 .

Acts 1949, No. 140, § 40; A.S.A. 1947, § 62-2101.
Ark. Code Ann. § 28-39-203 — AR Code / Title 28 / Chapter 39 / Subchapter 2 / Section 28-39-203
Appraisal of homestead - Effect
Status: in_force

(a) Upon written application to the clerk by any party interested in the estate of a deceased person, setting forth that the homestead so claimed by the surviving spouse or children, if a lot in any city, town, or village, exceeds the value of two thousand five hundred dollars ($2,500), it shall be the duty of the clerk to appoint forthwith three (3) trustworthy and disinterested citizens of the county as commissioners. (b) After having been duly summoned and sworn by the clerk for that purpose, the commissioners shall proceed without delay to make a fair appraisal of the value of the lot, with the dwellings and appurtenances thereon. Within ten (10) days thereafter, they shall return the appraisal to the office of the clerk, to be by him or her immediately filed. (c) If a majority of the commissioners decides that the lot so claimed as a homestead is within the valuation prescribed by the Arkansas Constitution, then it shall be the duty of the clerk to make an entry upon the records of the court, reciting the proceedings had and the return of the commissioners, and vesting the homestead in the party or parties claimant, and, also, to tax the costs of the proceedings against the party at whose instance the appraisal was made. (d) However, if the decision is that the lot exceeds in value the amount exempted by the Arkansas Constitution, it shall be the duty of the clerk to note the excess upon the record and tax the costs of the proceedings to the claimants. Acts 1873, No. 105, §§ 3, 4, p. 244; C. & M. Dig., §§ 5527 -- 5529; Pope's Dig., §§ 7166 -- 7168; Acts 1981, No. 714, § 44; A.S.A. 1947, §§ 62-603, 62-604.

(a) Upon written application to the clerk by any party interested in the estate of a deceased person, setting forth that the homestead so claimed by the surviving spouse or children, if a lot in any city, town, or village, exceeds the value of two thousand five hundred dollars ($2,500), it shall be the duty of the clerk to appoint forthwith three (3) trustworthy and disinterested citizens of the county as commissioners.

(b) After having been duly summoned and sworn by the clerk for that purpose, the commissioners shall proceed without delay to make a fair appraisal of the value of the lot, with the dwellings and appurtenances thereon. Within ten (10) days thereafter, they shall return the appraisal to the office of the clerk, to be by him or her immediately filed.

(c) If a majority of the commissioners decides that the lot so claimed as a homestead is within the valuation prescribed by the Arkansas Constitution, then it shall be the duty of the clerk to make an entry upon the records of the court, reciting the proceedings had and the return of the commissioners, and vesting the homestead in the party or parties claimant, and, also, to tax the costs of the proceedings against the party at whose instance the appraisal was made.

(d) However, if the decision is that the lot exceeds in value the amount exempted by the Arkansas Constitution, it shall be the duty of the clerk to note the excess upon the record and tax the costs of the proceedings to the claimants.

Acts 1873, No. 105, §§ 3, 4, p. 244; C. & M. Dig., §§ 5527 -- 5529; Pope's Dig., §§ 7166 -- 7168; Acts 1981, No. 714, § 44; A.S.A. 1947, §§ 62-603, 62-604.
Ark. Code Ann. § 28-68-112 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-112
Reimbursement and compensation of agent
Status: in_force

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Acts 2011, No. 805, § 1.

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-15-109 — AR Code / Title 28 / Chapter 15 / Section 28-15-109
Right of heir, devisee, or nonprobate transferee
Status: in_force

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules: (1) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must: (A) not later than three years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who is in possession of the property; or (B) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative. (2) In an action other than an action under paragraph (1), the heir, devisee, or nonprobate transferee must: (A) not later than six months after the appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or (B) if a personal representative is not appointed, commence the action not later than three years after the death of the decedent. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:

(1) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must: (A) not later than three years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who is in possession of the property; or (B) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.

(A) not later than three years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who is in possession of the property; or

(B) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.

(2) In an action other than an action under paragraph (1), the heir, devisee, or nonprobate transferee must: (A) not later than six months after the appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or (B) if a personal representative is not appointed, commence the action not later than three years after the death of the decedent.

(A) not later than six months after the appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or

(B) if a personal representative is not appointed, commence the action not later than three years after the death of the decedent.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-69-807 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-807
Reviewing compliance
Status: in_force

Compliance with this subchapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. Acts 2009, No. 262, § 1.

Compliance with this subchapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-53-202 — AR Code / Title 28 / Chapter 53 / Subchapter 2 / Section 28-53-202
Applicability of subchapter
Status: in_force

This subchapter shall be effective with respect to all wills and revocable inter vivos trusts executed or created before or after March 6, 1967, by persons dying on or after March 6, 1967, and to irrevocable inter vivos trusts created on or after March 6, 1967. Acts 1967, No. 209, § 5; A.S.A. 1947, § 62-2909.5.

This subchapter shall be effective with respect to all wills and revocable inter vivos trusts executed or created before or after March 6, 1967, by persons dying on or after March 6, 1967, and to irrevocable inter vivos trusts created on or after March 6, 1967.

Acts 1967, No. 209, § 5; A.S.A. 1947, § 62-2909.5.
Ark. Code Ann. § 28-70-506 — AR Code / Title 28 / Chapter 70 / Subchapter 5 / Section 28-70-506
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 506.

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

Acts 1999, No. 647, § 506.
Ark. Code Ann. § 28-72-403 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-403
Custodial trustee for future payment or transfer
Status: in_force

(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for ............... (name of beneficiary) under the Arkansas Custodial Trust Act, § 28-72-401 et seq." (b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve. (c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right. Acts 1991, No. 273, § 3.

(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for ............... (name of beneficiary) under the Arkansas Custodial Trust Act, § 28-72-401 et seq."

(b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.

(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right.

Acts 1991, No. 273, § 3.
Ark. Code Ann. § 28-72-507 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-507
Distribution on death
Status: in_force

Upon the death of the beneficiary, all funds remaining in the long-term intergenerational security trust shall be distributed to the beneficiary's estate, and all undistributed income shall be included in the beneficiary's final tax return. Acts 1995, No. 1303, § 8.

Upon the death of the beneficiary, all funds remaining in the long-term intergenerational security trust shall be distributed to the beneficiary's estate, and all undistributed income shall be included in the beneficiary's final tax return.

Acts 1995, No. 1303, § 8.
Ark. Code Ann. § 28-72-501 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-501
Short title
Status: in_force

This subchapter shall be known as the "Long-Term Intergenerational Security Act of 1995". Acts 1995, No. 1303, § 1.

This subchapter shall be known as the "Long-Term Intergenerational Security Act of 1995".

Acts 1995, No. 1303, § 1.
Ark. Code Ann. § 28-2-204 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-204
Subchapter supplemented by other law
Status: in_force

(a) Unless displaced by a provision of this subchapter, the principles of law and equity supplement this subchapter. (b) This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this subchapter. Acts 2003, No. 610, § 4.

(a) Unless displaced by a provision of this subchapter, the principles of law and equity supplement this subchapter.

(b) This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this subchapter.

Acts 2003, No. 610, § 4.
Ark. Code Ann. § 28-13-102 — AR Code / Title 28 / Chapter 13 / Section 28-13-102
Prerequisites to escheat of property
Status: in_force

If any person dies seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the estate, or the devisees are incapable of holding the estate, and when there is no owner of real estate capable of holding the estate, the estate shall escheat to and vest in the county wherein the decedent resided at death. Rev. Stat., ch. 57, § 1; C. & M. Dig., § 4078; Pope's Dig., § 5087; Acts 1985, No. 703, § 2; A.S.A. 1947, § 62-1801.

If any person dies seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the estate, or the devisees are incapable of holding the estate, and when there is no owner of real estate capable of holding the estate, the estate shall escheat to and vest in the county wherein the decedent resided at death.

Rev. Stat., ch. 57, § 1; C. & M. Dig., § 4078; Pope's Dig., § 5087; Acts 1985, No. 703, § 2; A.S.A. 1947, § 62-1801.
Ark. Code Ann. § 28-68-210 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-210
Insurance and annuities
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; (2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment; (3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent; (4) apply for and receive a loan secured by a contract of insurance or annuity; (5) surrender and receive the cash surrender value on a contract of insurance or annuity; (6) exercise an election; (7) exercise investment powers available under a contract of insurance or annuity; (8) change the manner of paying premiums on a contract of insurance or annuity; (9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section; (10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; (11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity; (12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and (13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. Acts 2011, No. 805, § 1.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;

(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4) apply for and receive a loan secured by a contract of insurance or annuity;

(5) surrender and receive the cash surrender value on a contract of insurance or annuity;

(6) exercise an election;

(7) exercise investment powers available under a contract of insurance or annuity;

(8) change the manner of paying premiums on a contract of insurance or annuity;

(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-65-110 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-110
[Repealed]
Status: repealed

Repealed by Act 2021, No. 516,§ 2, eff. 7/28/2021. Added by Act 2017, No. 667,§ 5, eff. 8/1/2017.

Repealed by Act 2021, No. 516,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 667,§ 5, eff. 8/1/2017.
Ark. Code Ann. § 28-51-306 — AR Code / Title 28 / Chapter 51 / Subchapter 3 / Section 28-51-306
Execution of conveyance - Recordation
Status: in_force

(a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305 , the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation. (b) A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the: (1) Due appointment and qualification of the personal representative; (2) Correctness of the proceedings; and (3) Authority of the personal representative to execute the instrument. (c) The foregoing provision shall in no way limit the effect of the provisions of § 28-51-109 . Acts 1949, No. 140, § 143; A.S.A. 1947, § 62-2720.

(a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305 , the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation.

(b) A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the: (1) Due appointment and qualification of the personal representative; (2) Correctness of the proceedings; and (3) Authority of the personal representative to execute the instrument.

(1) Due appointment and qualification of the personal representative;

(2) Correctness of the proceedings; and

(3) Authority of the personal representative to execute the instrument.

(c) The foregoing provision shall in no way limit the effect of the provisions of § 28-51-109 .

Acts 1949, No. 140, § 143; A.S.A. 1947, § 62-2720.
Ark. Code Ann. § 28-51-308 — AR Code / Title 28 / Chapter 51 / Subchapter 3 / Section 28-51-308
Platting and dedication
Status: in_force

When it is for the best interest of the estate in order to dispose of real property, the court, upon application by the personal representative or other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting and to dedicate lands in connection therewith. Acts 1949, No. 140, § 145; A.S.A. 1947, § 62-2722.

When it is for the best interest of the estate in order to dispose of real property, the court, upon application by the personal representative or other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting and to dedicate lands in connection therewith.

Acts 1949, No. 140, § 145; A.S.A. 1947, § 62-2722.
Ark. Code Ann. § 28-73-106 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-106
Common law of trusts - Principles of equity
Status: in_force

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state. Acts 2005, No. 1031, § 1.

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-72-504 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-504
Long-term intergenerational security trust agreement
Status: in_force

(a) The long-term intergenerational security trust agreement must: (1) Name an Arkansas resident or an entity located in Arkansas as trustee; (2) Provide that contributions to the trust shall not exceed four thousand dollars ($4,000) during any taxable year prior to the beneficiary's death; (3) (A) Provide that the trustee shall not distribute any funds from the trust to the beneficiary of the trust until the beneficiary reaches fifty-five (55) years of age, at which time the trustee shall begin distributing trust funds to the beneficiary. (B) The funds shall not be deemed to be constructively received when the beneficiary reaches fifty-five (55) years of age; and (4) Require the trustee to notify the Department of Finance and Administration of all distributions of principal and interest from the trust during the previous taxable year within thirty-one (31) days immediately following the end of the taxable year. (b) A beneficiary must file a copy of the long-term intergenerational security trust agreement with his or her income tax return for each taxable year the beneficiary claims the tax benefits provided in this subchapter. Acts 1995, No. 1303, §§ 5, 6.

(a) The long-term intergenerational security trust agreement must: (1) Name an Arkansas resident or an entity located in Arkansas as trustee; (2) Provide that contributions to the trust shall not exceed four thousand dollars ($4,000) during any taxable year prior to the beneficiary's death; (3) (A) Provide that the trustee shall not distribute any funds from the trust to the beneficiary of the trust until the beneficiary reaches fifty-five (55) years of age, at which time the trustee shall begin distributing trust funds to the beneficiary. (B) The funds shall not be deemed to be constructively received when the beneficiary reaches fifty-five (55) years of age; and (4) Require the trustee to notify the Department of Finance and Administration of all distributions of principal and interest from the trust during the previous taxable year within thirty-one (31) days immediately following the end of the taxable year.

(1) Name an Arkansas resident or an entity located in Arkansas as trustee;

(2) Provide that contributions to the trust shall not exceed four thousand dollars ($4,000) during any taxable year prior to the beneficiary's death;

(3) (A) Provide that the trustee shall not distribute any funds from the trust to the beneficiary of the trust until the beneficiary reaches fifty-five (55) years of age, at which time the trustee shall begin distributing trust funds to the beneficiary. (B) The funds shall not be deemed to be constructively received when the beneficiary reaches fifty-five (55) years of age; and

(A) Provide that the trustee shall not distribute any funds from the trust to the beneficiary of the trust until the beneficiary reaches fifty-five (55) years of age, at which time the trustee shall begin distributing trust funds to the beneficiary.

(B) The funds shall not be deemed to be constructively received when the beneficiary reaches fifty-five (55) years of age; and

(4) Require the trustee to notify the Department of Finance and Administration of all distributions of principal and interest from the trust during the previous taxable year within thirty-one (31) days immediately following the end of the taxable year.

(b) A beneficiary must file a copy of the long-term intergenerational security trust agreement with his or her income tax return for each taxable year the beneficiary claims the tax benefits provided in this subchapter.

Acts 1995, No. 1303, §§ 5, 6.
Ark. Code Ann. § 28-25-106 — AR Code / Title 28 / Chapter 25 / Section 28-25-106
Affidavit of attesting witness
Status: in_force

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will. (b) The attesting witness may make and sign the affidavit at any time, either: (1) On his or her own initiative; (2) At the request of the testator; or (3) After the testator's death, at the request of the executor or of any other person interested. (c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath. (d) If the probate of the will is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court. Acts 1955, No. 106, § 1; A.S.A. 1947, § 60-417.

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.

(b) The attesting witness may make and sign the affidavit at any time, either: (1) On his or her own initiative; (2) At the request of the testator; or (3) After the testator's death, at the request of the executor or of any other person interested.

(1) On his or her own initiative;

(2) At the request of the testator; or

(3) After the testator's death, at the request of the executor or of any other person interested.

(c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.

(d) If the probate of the will is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court.

Acts 1955, No. 106, § 1; A.S.A. 1947, § 60-417.
Ark. Code Ann. § 28-70-606 — AR Code / Title 28 / Chapter 70 / Subchapter 6 / Section 28-70-606
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 2011, No. 132, § 3.

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

Acts 2011, No. 132, § 3.
Ark. Code Ann. § 28-65-105 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-105
Purpose of guardianship
Status: in_force

Guardianship for an incapacitated person shall be: (1) Used only as is necessary to promote and protect the well-being of the person and his or her property; (2) Designed to encourage the development of maximum self-reliance and independence of the person; and (3) Ordered only to the extent necessitated by the person's actual mental, physical, and adoptive limitations. Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.

Guardianship for an incapacitated person shall be:

(1) Used only as is necessary to promote and protect the well-being of the person and his or her property;

(2) Designed to encourage the development of maximum self-reliance and independence of the person; and

(3) Ordered only to the extent necessitated by the person's actual mental, physical, and adoptive limitations.

Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.
Ark. Code Ann. § 28-72-417 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-417
Distribution on termination
Status: in_force

(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) to the beneficiary, if not incapacitated or deceased; (2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or (3) upon the beneficiary's death, in the following order: (i) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (ii) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to § 28-72-406 ; (iii) as designated in the instrument creating the custodial trust; or (iv) to the estate of the deceased beneficiary. (b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated. (c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust. Acts 1991, No. 273, § 17.

(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) to the beneficiary, if not incapacitated or deceased; (2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or (3) upon the beneficiary's death, in the following order: (i) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (ii) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to § 28-72-406 ; (iii) as designated in the instrument creating the custodial trust; or (iv) to the estate of the deceased beneficiary.

(1) to the beneficiary, if not incapacitated or deceased;

(2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or

(3) upon the beneficiary's death, in the following order: (i) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (ii) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to § 28-72-406 ; (iii) as designated in the instrument creating the custodial trust; or (iv) to the estate of the deceased beneficiary.

(i) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;

(ii) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to § 28-72-406 ;

(iii) as designated in the instrument creating the custodial trust; or

(iv) to the estate of the deceased beneficiary.

(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.

(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.

Acts 1991, No. 273, § 17.
Ark. Code Ann. § 28-73-904 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-904
Duties at inception of trusteeship
Status: in_force

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this subchapter. Acts 2005, No. 1031, § 1.

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this subchapter.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-2-206 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-206
Disclaimer of interest in property
Status: in_force

(a) In this section: (1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment. (b) Except for a disclaimer governed by § 28-2-207 or § 28-2-208 , the following rules apply to a disclaimer of an interest in property: (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death. (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general. (3) If the instrument does not contain a provision described in subdivision (b)(2), the following rules apply: (A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (B) If the disclaimant is an individual, except as otherwise provided in subdivisions (b)(3)(C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. (C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. (D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution. (4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment. Acts 2003, No. 610, § 6; 2005, No. 1962, § 116; 2009, No. 346, § 2.

(a) In this section: (1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

(2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.

(b) Except for a disclaimer governed by § 28-2-207 or § 28-2-208 , the following rules apply to a disclaimer of an interest in property: (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death. (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general. (3) If the instrument does not contain a provision described in subdivision (b)(2), the following rules apply: (A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (B) If the disclaimant is an individual, except as otherwise provided in subdivisions (b)(3)(C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. (C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. (D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution. (4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.

(3) If the instrument does not contain a provision described in subdivision (b)(2), the following rules apply: (A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (B) If the disclaimant is an individual, except as otherwise provided in subdivisions (b)(3)(C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. (C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. (D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

(A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.

(B) If the disclaimant is an individual, except as otherwise provided in subdivisions (b)(3)(C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.

(C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.

(D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.

(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.

Acts 2003, No. 610, § 6; 2005, No. 1962, § 116; 2009, No. 346, § 2.
Ark. Code Ann. § 28-8-102 — AR Code / Title 28 / Chapter 8 / Section 28-8-102
Declaration of heirs
Status: in_force

(a) In all cases, when any person desires to make a person an heir at law, it shall be lawful to do so by a declaration in writing in favor of the person, to be acknowledged before any judge, justice of the peace, clerk of any court, or before any court of record in this state. (b) Before the declaration shall be of any force or effect, it shall be recorded in the county where the declarant may reside, or in the county where the person in whose favor such a declaration is made may reside. Acts 1853, §§ 1, 2, p. 207; C. & M. Dig., §§ 3493, 3494; Pope's Dig., §§ 4361, 4362; A.S.A. 1947, §§ 61-301, 61-302.

(a) In all cases, when any person desires to make a person an heir at law, it shall be lawful to do so by a declaration in writing in favor of the person, to be acknowledged before any judge, justice of the peace, clerk of any court, or before any court of record in this state.

(b) Before the declaration shall be of any force or effect, it shall be recorded in the county where the declarant may reside, or in the county where the person in whose favor such a declaration is made may reside.

Acts 1853, §§ 1, 2, p. 207; C. & M. Dig., §§ 3493, 3494; Pope's Dig., §§ 4361, 4362; A.S.A. 1947, §§ 61-301, 61-302.
Ark. Code Ann. § 28-73-705 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-705
Resignation of trustee
Status: in_force

(a) A trustee may resign: (1) upon at least thirty (30) days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (2) with the approval of a court. (b) In approving a resignation, a court may issue orders and impose conditions reasonably necessary for the protection of the trust property. (c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation. (d) Subsection (a) 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 trustee may resign: (1) upon at least thirty (30) days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (2) with the approval of a court.

(1) upon at least thirty (30) days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or

(2) with the approval of a court.

(b) In approving a resignation, a court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

(c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.

(d) Subsection (a) 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. § 28-68-103 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-103
Applicability
Status: in_force

This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) a power to make health-care decisions; (3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. Acts 2011, No. 805, § 1.

This chapter applies to all powers of attorney except:

(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2) a power to make health-care decisions;

(3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and

(4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-2-211 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-211
Disclaimer of power held in fiduciary capacity
Status: in_force

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power. (c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting. Acts 2003, No. 610, § 11.

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.

Acts 2003, No. 610, § 11.
Ark. Code Ann. § 28-53-102 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-102
Partial distribution
Status: in_force

(a) Delivery of Specific Property to Distributee Before Final Order. (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby. (2) At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return. (b) Distribution of Part of Estate. (1) After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct. (2) The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution. (3) Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution. Acts 1949, No. 140, § 160; A.S.A. 1947, § 62-2901.

(a) Delivery of Specific Property to Distributee Before Final Order. (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby. (2) At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return.

(1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby.

(2) At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return.

(b) Distribution of Part of Estate. (1) After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct. (2) The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution. (3) Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution.

(1) After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct.

(2) The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.

(3) Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution.

Acts 1949, No. 140, § 160; A.S.A. 1947, § 62-2901.
Ark. Code Ann. § 28-1-118 — AR Code / Title 28 / Chapter 1 / Section 28-1-118
Deceased viable fetus
Status: in_force

(a) For purposes of the Probate Code, a "deceased viable fetus" is considered a person and decedent so that the probate division of circuit court may have jurisdiction for the administration, settlement, and distribution of the deceased fetus's estate. (b) No person shall be liable under subsection (a) of this section when the death of the fetus results from a legal abortion or from the fault of the pregnant woman carrying the fetus. Acts 2001, No. 1775, § 1.

(a) For purposes of the Probate Code, a "deceased viable fetus" is considered a person and decedent so that the probate division of circuit court may have jurisdiction for the administration, settlement, and distribution of the deceased fetus's estate.

(b) No person shall be liable under subsection (a) of this section when the death of the fetus results from a legal abortion or from the fault of the pregnant woman carrying the fetus.

Acts 2001, No. 1775, § 1.
Ark. Code Ann. § 28-76-106 — AR Code / Title 28 / Chapter 76 / Section 28-76-106
Powers of trust director
Status: in_force

(a) Subject to § 28-76-107 , the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and (2) trust directors with joint powers must act by majority decision. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) Subject to § 28-76-107 , the terms of a trust may grant a power of direction to a trust director.

(b) Unless the terms of a trust provide otherwise: (1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and (2) trust directors with joint powers must act by majority decision.

(1) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and

(2) trust directors with joint powers must act by majority decision.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-73-1104 — AR Code / Title 28 / Chapter 73 / Subchapter 11 / Section 28-73-1104
Effective date
Status: in_force

This chapter takes effect on September 1, 2005. Acts 2005, No. 1031, § 1.

This chapter takes effect on September 1, 2005.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-27-102 — AR Code / Title 28 / Chapter 27 / Section 28-27-102
Effect on existing wills
Status: in_force

This chapter applies to a will of a testator who dies after July 31, 1995. Acts 1995, No. 751, § 2.

This chapter applies to a will of a testator who dies after July 31, 1995.

Acts 1995, No. 751, § 2.
Ark. Code Ann. § 28-13-103 — AR Code / Title 28 / Chapter 13 / Section 28-13-103
Claims for nursing care of intestate
Status: in_force

(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate. (b) The department may file as a distributee under the provisions of § 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when: (1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or (2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin. (c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter. Acts 1979, No. 899, §§ 1-3; A.S.A. 1947, §§ 62-2615 -- 62-2617; Acts 2001, No. 927, § 1.

(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate.

(b) The department may file as a distributee under the provisions of § 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when: (1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or (2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin.

(1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or

(2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin.

(c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter.

Acts 1979, No. 899, §§ 1-3; A.S.A. 1947, §§ 62-2615 -- 62-2617; Acts 2001, No. 927, § 1.
Ark. Code Ann. § 28-50-105 — AR Code / Title 28 / Chapter 50 / Section 28-50-105
Allowance of claims
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, no claimant shall be entitled to payment unless his or her claim shall have been duly filed with and allowed by the court. (2) Except in the case of the personal representative's own claim, any claim which is approved by him or her in writing and which has been duly filed may be allowed by the court at any time without formal hearing. (3) A claim which has been disapproved or not acted upon by the personal representative shall be set by rule or order of the court for a hearing on a day certain, and notice of the hearing shall be given by the clerk to the personal representative, to the claimant, and to other persons, if any, as the court may direct. (4) Upon the adjudication of a claim, the court shall allow it in whole or in part and classify it or disallow it. (5) The order allowing the claim shall have the effect of a judgment and bear interest at the legal rate unless the claim provides otherwise, in which case the judgment shall be rendered accordingly. (6) Limitations shall begin to run the day the claim is allowed, and such an allowed claim may be revived in the same manner as judgments at law. (b) Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed at any accounting, regardless of whether or not they have been paid by the personal representative. (c) (1) Notwithstanding the provisions of § 28-50-103 , the personal representative may pay reasonable funeral expenses and reasonable medical and other expenses incident to the last illness, as well as claims amounting in aggregate to three thousand dollars ($3,000) or less, no one (1) of which shall exceed the sum of three hundred dollars ($300), and he or she may take credit in his or her settlement. (2) However, the burden shall be upon the personal representative, at the request of an interested person, to establish the validity of any such claim paid under this subsection. (3) Objection to any payment made under this subsection shall be made within the time provided by the Probate Code for filing exceptions to the settlement and not thereafter. Acts 1949, No. 140, § 114; 1967, No. 287, §§ 10, 11; A.S.A. 1947, § 62-2605; Acts 1987, No. 907, § 1.

(a) (1) Except as provided in subsections (b) and (c) of this section, no claimant shall be entitled to payment unless his or her claim shall have been duly filed with and allowed by the court. (2) Except in the case of the personal representative's own claim, any claim which is approved by him or her in writing and which has been duly filed may be allowed by the court at any time without formal hearing. (3) A claim which has been disapproved or not acted upon by the personal representative shall be set by rule or order of the court for a hearing on a day certain, and notice of the hearing shall be given by the clerk to the personal representative, to the claimant, and to other persons, if any, as the court may direct. (4) Upon the adjudication of a claim, the court shall allow it in whole or in part and classify it or disallow it. (5) The order allowing the claim shall have the effect of a judgment and bear interest at the legal rate unless the claim provides otherwise, in which case the judgment shall be rendered accordingly. (6) Limitations shall begin to run the day the claim is allowed, and such an allowed claim may be revived in the same manner as judgments at law.

(1) Except as provided in subsections (b) and (c) of this section, no claimant shall be entitled to payment unless his or her claim shall have been duly filed with and allowed by the court.

(2) Except in the case of the personal representative's own claim, any claim which is approved by him or her in writing and which has been duly filed may be allowed by the court at any time without formal hearing.

(3) A claim which has been disapproved or not acted upon by the personal representative shall be set by rule or order of the court for a hearing on a day certain, and notice of the hearing shall be given by the clerk to the personal representative, to the claimant, and to other persons, if any, as the court may direct.

(4) Upon the adjudication of a claim, the court shall allow it in whole or in part and classify it or disallow it.

(5) The order allowing the claim shall have the effect of a judgment and bear interest at the legal rate unless the claim provides otherwise, in which case the judgment shall be rendered accordingly.

(6) Limitations shall begin to run the day the claim is allowed, and such an allowed claim may be revived in the same manner as judgments at law.

(b) Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed at any accounting, regardless of whether or not they have been paid by the personal representative.

(c) (1) Notwithstanding the provisions of § 28-50-103 , the personal representative may pay reasonable funeral expenses and reasonable medical and other expenses incident to the last illness, as well as claims amounting in aggregate to three thousand dollars ($3,000) or less, no one (1) of which shall exceed the sum of three hundred dollars ($300), and he or she may take credit in his or her settlement. (2) However, the burden shall be upon the personal representative, at the request of an interested person, to establish the validity of any such claim paid under this subsection. (3) Objection to any payment made under this subsection shall be made within the time provided by the Probate Code for filing exceptions to the settlement and not thereafter.

(1) Notwithstanding the provisions of § 28-50-103 , the personal representative may pay reasonable funeral expenses and reasonable medical and other expenses incident to the last illness, as well as claims amounting in aggregate to three thousand dollars ($3,000) or less, no one (1) of which shall exceed the sum of three hundred dollars ($300), and he or she may take credit in his or her settlement.

(2) However, the burden shall be upon the personal representative, at the request of an interested person, to establish the validity of any such claim paid under this subsection.

(3) Objection to any payment made under this subsection shall be made within the time provided by the Probate Code for filing exceptions to the settlement and not thereafter.

Acts 1949, No. 140, § 114; 1967, No. 287, §§ 10, 11; A.S.A. 1947, § 62-2605; Acts 1987, No. 907, § 1.
Ark. Code Ann. § 28-68-302 — AR Code / Title 28 / Chapter 68 / Subchapter 3 / Section 28-68-302
Agent's certification
Status: in_force

The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OFATTORNEY AND AGENT'S AUTHORITY State of __________________ County of __________________ I, __________________ (Name of Agent), certify under penalty of perjury that __________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated __________________. I further certify that to my knowledge: (1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated; (2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred; (3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and (4) __________________ __________________ __________________ (Insert other relevant statements) SIGNATURE AND ACKNOWLEDGMENT __________________ __________________ Agent's Signature Date __________________ Agent's Name Printed __________________ Agent's Address __________________ Agent's Telephone Number This document was acknowledged before me on __________________, (Date) by__________________. (Name of Agent) __________________ (Seal, if any) Signature of Notary My commission expires: __________________ Acts 1965, No. 61, § 10; A.S.A. 1947, § 58-510; Acts 2011, No. 805, § 1.

The following optional form may be used by an agent to certify facts concerning a power of attorney.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OFATTORNEY AND AGENT'S AUTHORITY

State of __________________

County of __________________

I, __________________ (Name of Agent), certify under penalty of perjury that __________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated __________________.

I further certify that to my knowledge:

(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) __________________ __________________ __________________ (Insert other relevant statements) SIGNATURE AND ACKNOWLEDGMENT __________________ __________________ Agent's Signature Date __________________ Agent's Name Printed __________________ Agent's Address __________________ Agent's Telephone Number This document was acknowledged before me on __________________, (Date) by__________________. (Name of Agent) __________________ (Seal, if any) Signature of Notary My commission expires: __________________

__________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

__________________ __________________ Agent's Signature Date

__________________

Agent's Signature

Date

__________________

Agent's Name Printed

__________________

Agent's Address

__________________

Agent's Telephone Number

This document was acknowledged before me on __________________,

(Date)

by__________________.

(Name of Agent)

__________________ (Seal, if any)

Signature of Notary

My commission expires: __________________

Acts 1965, No. 61, § 10; A.S.A. 1947, § 58-510; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-74-401 — AR Code / Title 28 / Chapter 74 / Subchapter 4 / Section 28-74-401
Registration of guardianship orders
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. Acts 2011, No. 159, § 1.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-15-111 — AR Code / Title 28 / Chapter 15 / Section 28-15-111
Principles of law and equity
Status: in_force

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-66-118 — AR Code / Title 28 / Chapter 66 / Section 28-66-118
Commitment to Veterans' Administration or other agency of United States Government
Status: in_force

(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans' Administration or other agency of the United States Government, the court, upon receipt of a certificate from the Veterans' Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans' Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in this chapter shall affect his right to appear and be heard in the proceedings. Upon commitment, such person when admitted to any facility operated by any such agency within or without this state shall be subject to the rules and regulations of the Veterans' Administration or other agency. The chief officer of any facility of the Veterans' Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole, or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his restraint, and all commitments pursuant to this chapter are so conditioned. (2) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans' Administration, or other agency of the United States Government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint, as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the Veterans' Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole, or discharge the committed person. (3) Upon receipt of a certificate of the Veterans' Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans' Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans' Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this section shall be deemed to be committed to the Veterans' Administration or other agency of the United States pursuant to the original commitment. Acts 1943, No. 177, § 18; A.S.A. 1947, § 57-518.

(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans' Administration or other agency of the United States Government, the court, upon receipt of a certificate from the Veterans' Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans' Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in this chapter shall affect his right to appear and be heard in the proceedings. Upon commitment, such person when admitted to any facility operated by any such agency within or without this state shall be subject to the rules and regulations of the Veterans' Administration or other agency. The chief officer of any facility of the Veterans' Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole, or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his restraint, and all commitments pursuant to this chapter are so conditioned.

(2) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans' Administration, or other agency of the United States Government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint, as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the Veterans' Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole, or discharge the committed person.

(3) Upon receipt of a certificate of the Veterans' Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans' Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans' Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this section shall be deemed to be committed to the Veterans' Administration or other agency of the United States pursuant to the original commitment.

Any person transferred as provided in this section shall be deemed to be committed to the Veterans' Administration or other agency of the United States pursuant to the original commitment.

Acts 1943, No. 177, § 18; A.S.A. 1947, § 57-518.
Ark. Code Ann. § 28-25-108 — AR Code / Title 28 / Chapter 25 / Section 28-25-108
Deposit of will with court in testator's lifetime - Disposition
Status: in_force

(a) Deposit of Will. A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section. On being paid the fee of five dollars ($5.00), as established under § 21-6-413(a)(4) , the clerk of the court shall receive and keep the will and give a certificate of deposit for it. (b) How Enclosed. Every will intended to be deposited as provided in subsection (a) of this section shall be enclosed in a sealed wrapper, which shall have endorsed thereon "Will of," followed by the name of the testator. The clerk of the court shall endorse thereon the day when and the person by whom it was delivered. The wrapper shall also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as provided in this section. (c) To Whom Delivered. (1) During the lifetime of the testator, the will shall be delivered only to him or her, or to some person authorized by him or her by an order in writing duly signed by him or her and acknowledged before an officer authorized to administer oaths or attested by the signatures of two (2) persons competent to witness the will. (2) After the testator's death, the clerk shall deliver the will to the person named in the endorsement on the wrapper of the will if that person requests the will either in person or in writing. (3) If the request under subdivision (c)(2) of this section is in person, the clerk shall require proof of identification before delivering the will. (4) If the request under subdivision (c)(2) of this section is in writing, the clerk shall require an affidavit of the person requesting the will in substantially the following form: "STATE OF ARKANSAS COUNTY OF ____________ BE IT KNOWN THAT on this ...............day of ..............., ..., before me, the undersigned notary, personally came and appeared: ............... who after being duly sworn by me, a notary, deposed and stated his or her name and address. SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ..............., ............... ............... ............... NOTARY PUBLIC" (d) When Will to Be Opened. (1) If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty (30) days after notice of the testator's death, and be retained by the court until offered for probate. (2) Notice shall be given to the executor, if any, named therein and to such other persons as the court may designate. (3) If the proper venue is in another court, the will shall be transmitted to that court, but, before such a transmission, a true copy shall be made and retained in the court in which the will was deposited. Amended by Act 2023, No. 272,§ 1, eff. 8/1/2023. Acts 1949, No. 140, § 31; 1983, No. 898, § 2; A.S.A. 1947, §§ 22-523, 60-415; Acts 2007, No. 652, § 1.

(a) Deposit of Will. A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section. On being paid the fee of five dollars ($5.00), as established under § 21-6-413(a)(4) , the clerk of the court shall receive and keep the will and give a certificate of deposit for it.

(b) How Enclosed. Every will intended to be deposited as provided in subsection (a) of this section shall be enclosed in a sealed wrapper, which shall have endorsed thereon "Will of," followed by the name of the testator. The clerk of the court shall endorse thereon the day when and the person by whom it was delivered. The wrapper shall also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as provided in this section.

(c) To Whom Delivered. (1) During the lifetime of the testator, the will shall be delivered only to him or her, or to some person authorized by him or her by an order in writing duly signed by him or her and acknowledged before an officer authorized to administer oaths or attested by the signatures of two (2) persons competent to witness the will. (2) After the testator's death, the clerk shall deliver the will to the person named in the endorsement on the wrapper of the will if that person requests the will either in person or in writing. (3) If the request under subdivision (c)(2) of this section is in person, the clerk shall require proof of identification before delivering the will. (4) If the request under subdivision (c)(2) of this section is in writing, the clerk shall require an affidavit of the person requesting the will in substantially the following form: "STATE OF ARKANSAS COUNTY OF ____________ BE IT KNOWN THAT on this ...............day of ..............., ..., before me, the undersigned notary, personally came and appeared: ............... who after being duly sworn by me, a notary, deposed and stated his or her name and address. SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ..............., ............... ............... ............... NOTARY PUBLIC"

(1) During the lifetime of the testator, the will shall be delivered only to him or her, or to some person authorized by him or her by an order in writing duly signed by him or her and acknowledged before an officer authorized to administer oaths or attested by the signatures of two (2) persons competent to witness the will.

(2) After the testator's death, the clerk shall deliver the will to the person named in the endorsement on the wrapper of the will if that person requests the will either in person or in writing.

(3) If the request under subdivision (c)(2) of this section is in person, the clerk shall require proof of identification before delivering the will.

(4) If the request under subdivision (c)(2) of this section is in writing, the clerk shall require an affidavit of the person requesting the will in substantially the following form: "STATE OF ARKANSAS COUNTY OF ____________ BE IT KNOWN THAT on this ...............day of ..............., ..., before me, the undersigned notary, personally came and appeared: ............... who after being duly sworn by me, a notary, deposed and stated his or her name and address. SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ..............., ............... ............... ............... NOTARY PUBLIC"

"STATE OF ARKANSAS

COUNTY OF ____________

BE IT KNOWN THAT on this ...............day of ..............., ..., before me, the undersigned notary, personally came and appeared:

...............

who after being duly sworn by me, a notary, deposed and stated his or her name and address.

SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ..............., ...............

...............

NOTARY PUBLIC"

(d) When Will to Be Opened. (1) If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty (30) days after notice of the testator's death, and be retained by the court until offered for probate. (2) Notice shall be given to the executor, if any, named therein and to such other persons as the court may designate. (3) If the proper venue is in another court, the will shall be transmitted to that court, but, before such a transmission, a true copy shall be made and retained in the court in which the will was deposited.

(1) If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty (30) days after notice of the testator's death, and be retained by the court until offered for probate.

(2) Notice shall be given to the executor, if any, named therein and to such other persons as the court may designate.

(3) If the proper venue is in another court, the will shall be transmitted to that court, but, before such a transmission, a true copy shall be made and retained in the court in which the will was deposited.

Amended by Act 2023, No. 272,§ 1, eff. 8/1/2023.

Acts 1949, No. 140, § 31; 1983, No. 898, § 2; A.S.A. 1947, §§ 22-523, 60-415; Acts 2007, No. 652, § 1.
Ark. Code Ann. § 28-74-302 — AR Code / Title 28 / Chapter 74 / Subchapter 3 / Section 28-74-302
Accepting guardianship or conservatorship transferred from another state
Status: repealed

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 28-74-301 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless: (1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (2) the guardian or conservator is ineligible for appointment in this state. (e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 28-74-301 transferring the proceeding to this state. (f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under the Adult Maltreatment Custody Act, § 9-20-101 et seq., § 28-65-201 et seq., the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., and § 28-67-101 et seq. if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. Acts 2011, No. 159, § 1.

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to § 28-74-301 , the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless: (1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (2) the guardian or conservator is ineligible for appointment in this state.

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(2) the guardian or conservator is ineligible for appointment in this state.

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 28-74-301 transferring the proceeding to this state.

(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under the Adult Maltreatment Custody Act, § 9-20-101 et seq., § 28-65-201 et seq., the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., and § 28-67-101 et seq. if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-65-109 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-109
Actions by ward against guardian
Status: in_force

An action by a ward against his or her guardian for a settlement of his or her accounts, for additional security, or for his or her removal, must be brought in the county in which the guardian was qualified. Acts 1985, No. 940, § 44; A.S.A. 1947, § 57-863.

An action by a ward against his or her guardian for a settlement of his or her accounts, for additional security, or for his or her removal, must be brought in the county in which the guardian was qualified.

Acts 1985, No. 940, § 44; A.S.A. 1947, § 57-863.
Ark. Code Ann. § 28-65-309 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-309
Periodic allowances
Status: in_force

(a) The guardian of the estate, or any person, department, bureau, agency, or charitable organization having the care and custody of a ward may apply to the court for an order directing the guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of the ward or, if the guardian of the estate has the care and custody of the ward, directing the guardian of the estate to apply a designated amount periodically as the court may direct, to be extended for the care, maintenance, and education of the ward and of his or her dependents. (b) In proper cases the court may order payment of amounts directly to the ward for his or her maintenance or incidental expenses. (c) The amounts authorized under this section may be decreased or increased from time to time by direction of the court. (d) If payments are made to another under the order of the court, the guardian of the estate is not bound to see to the application of the payments. Acts 1985, No. 940, § 33; A.S.A. 1947, § 57-852.

(a) The guardian of the estate, or any person, department, bureau, agency, or charitable organization having the care and custody of a ward may apply to the court for an order directing the guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of the ward or, if the guardian of the estate has the care and custody of the ward, directing the guardian of the estate to apply a designated amount periodically as the court may direct, to be extended for the care, maintenance, and education of the ward and of his or her dependents.

(b) In proper cases the court may order payment of amounts directly to the ward for his or her maintenance or incidental expenses.

(c) The amounts authorized under this section may be decreased or increased from time to time by direction of the court.

(d) If payments are made to another under the order of the court, the guardian of the estate is not bound to see to the application of the payments.

Acts 1985, No. 940, § 33; A.S.A. 1947, § 57-852.
Ark. Code Ann. § 28-73-305 — AR Code / Title 28 / Chapter 73 / Subchapter 3 / Section 28-73-305
Appointment of representative
Status: in_force

(a) If a court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests. (b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending. (c) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual's family. Acts 2005, No. 1031, § 1.

(a) If a court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A guardian ad litem may be appointed to represent several persons or interests.

(b) A guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.

(c) In making decisions, a guardian ad litem may consider general benefit accruing to the living members of the individual's family.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-69-401 — AR Code / Title 28 / Chapter 69 / Subchapter 4 / Section 28-69-401
Consent
Status: in_force

(a) By written consent of the settlor and all named beneficiaries of a trust or any part thereof, regardless of any spendthrift or similar protective provisions, the trust or part thereof may be revoked, modified, or terminated upon a finding by the court having jurisdiction over the trust, or otherwise being of competent jurisdiction, that the trust's purposes, as expressed in or implied by the circumstances surrounding the trust, as a result of circumstances not foreseen to the settlor are not effectively being fulfilled or are frustrated. (b) (1) For purposes of this section, consent to the revocation, modification, or termination may be given by the court on behalf of unnamed, legally incapacitated, unascertained, or unborn beneficiaries after a hearing in which the interests of such beneficiaries are represented by a guardian ad litem. (2) A guardian ad litem for any such beneficiaries may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries. (3) In circumstances in which objection is made by a guardian ad litem for beneficiaries who are not, by name or category, mentioned in a trust that is sought to be terminated, modified, or revoked, upon a finding that there is general family benefit to the living named beneficiaries and their families, the court shall allow the termination, modification, or revocation sought. (c) (1) For purposes of this section, consent may be given on behalf of the estate of a deceased settlor by the court on a finding that there is general family benefit to the living named beneficiaries and their families. (2) A personal representative of a settlor's estate may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries. Acts 1989, No. 841, § 1.

(a) By written consent of the settlor and all named beneficiaries of a trust or any part thereof, regardless of any spendthrift or similar protective provisions, the trust or part thereof may be revoked, modified, or terminated upon a finding by the court having jurisdiction over the trust, or otherwise being of competent jurisdiction, that the trust's purposes, as expressed in or implied by the circumstances surrounding the trust, as a result of circumstances not foreseen to the settlor are not effectively being fulfilled or are frustrated.

(b) (1) For purposes of this section, consent to the revocation, modification, or termination may be given by the court on behalf of unnamed, legally incapacitated, unascertained, or unborn beneficiaries after a hearing in which the interests of such beneficiaries are represented by a guardian ad litem. (2) A guardian ad litem for any such beneficiaries may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries. (3) In circumstances in which objection is made by a guardian ad litem for beneficiaries who are not, by name or category, mentioned in a trust that is sought to be terminated, modified, or revoked, upon a finding that there is general family benefit to the living named beneficiaries and their families, the court shall allow the termination, modification, or revocation sought.

(1) For purposes of this section, consent to the revocation, modification, or termination may be given by the court on behalf of unnamed, legally incapacitated, unascertained, or unborn beneficiaries after a hearing in which the interests of such beneficiaries are represented by a guardian ad litem.

(2) A guardian ad litem for any such beneficiaries may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries.

(3) In circumstances in which objection is made by a guardian ad litem for beneficiaries who are not, by name or category, mentioned in a trust that is sought to be terminated, modified, or revoked, upon a finding that there is general family benefit to the living named beneficiaries and their families, the court shall allow the termination, modification, or revocation sought.

(c) (1) For purposes of this section, consent may be given on behalf of the estate of a deceased settlor by the court on a finding that there is general family benefit to the living named beneficiaries and their families. (2) A personal representative of a settlor's estate may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries.

(1) For purposes of this section, consent may be given on behalf of the estate of a deceased settlor by the court on a finding that there is general family benefit to the living named beneficiaries and their families.

(2) A personal representative of a settlor's estate may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or termination and, in so doing, shall be immune from liability to future claims of any unnamed, legally incapacitated, unascertained, or unborn beneficiaries.

Acts 1989, No. 841, § 1.
Ark. Code Ann. § 28-74-501 — AR Code / Title 28 / Chapter 74 / Subchapter 5 / Section 28-74-501
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2011, No. 159, § 1.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-73-505 — AR Code / Title 28 / Chapter 73 / Subchapter 5 / Section 28-73-505
Creditor's claim against settlor
Status: in_force

(a) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. (2) Except for a trust created under § 28-72-701 et seq., with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. (b) For purposes of this section: (1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. (2) On the lapse, release, or waiver of a power of withdrawal, the holder of a power of withdrawal is not, by reason of any such power of withdrawal, treated as the settlor of the trust. (c) (1) Subject to § 4-59-204 , for the purposes of this section, property contributed to the following trusts is not deemed to have been contributed by the settlor, and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts shall not be treated as a settlor: (A) an irrevocable trust that is treated as qualified terminable interest property under section 2523(f) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (B) an irrevocable trust that is treated as a general power of appointment trust under section 2523(e) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (C) an irrevocable trust for the benefit of a person to the extent that the property of the trust was subject to a limited power of appointment or a general power of appointment in another person. (2) For purposes of this subsection (c), a person is a beneficiary whether named under the initial trust instrument or through the exercise of a limited or general power of appointment by that person's spouse or by another person. (3) For purposes of subdivision (c)(1)(C) of this section, a general power of appointment means a power of appointment exercisable in favor of the holder of the power, the estate of the holder of the power, a creditor of the holder of the power, or a creditor of the estate of the holder of the power. (4) As used in subdivision (c)(1)(C) of this section, "limited power of appointment" means a power of appointment that is not a general power of appointment. Amended by Act 2023, No. 291,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 801,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 801,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 396,§ 1, eff. 7/22/2015. Acts 2005, No. 1031, § 1.

(a) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. (2) Except for a trust created under § 28-72-701 et seq., with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.

(1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.

(2) Except for a trust created under § 28-72-701 et seq., with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one (1) settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.

(b) For purposes of this section: (1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. (2) On the lapse, release, or waiver of a power of withdrawal, the holder of a power of withdrawal is not, by reason of any such power of withdrawal, treated as the settlor of the trust.

(1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power.

(2) On the lapse, release, or waiver of a power of withdrawal, the holder of a power of withdrawal is not, by reason of any such power of withdrawal, treated as the settlor of the trust.

(c) (1) Subject to § 4-59-204 , for the purposes of this section, property contributed to the following trusts is not deemed to have been contributed by the settlor, and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts shall not be treated as a settlor: (A) an irrevocable trust that is treated as qualified terminable interest property under section 2523(f) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (B) an irrevocable trust that is treated as a general power of appointment trust under section 2523(e) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (C) an irrevocable trust for the benefit of a person to the extent that the property of the trust was subject to a limited power of appointment or a general power of appointment in another person. (2) For purposes of this subsection (c), a person is a beneficiary whether named under the initial trust instrument or through the exercise of a limited or general power of appointment by that person's spouse or by another person. (3) For purposes of subdivision (c)(1)(C) of this section, a general power of appointment means a power of appointment exercisable in favor of the holder of the power, the estate of the holder of the power, a creditor of the holder of the power, or a creditor of the estate of the holder of the power. (4) As used in subdivision (c)(1)(C) of this section, "limited power of appointment" means a power of appointment that is not a general power of appointment.

(1) Subject to § 4-59-204 , for the purposes of this section, property contributed to the following trusts is not deemed to have been contributed by the settlor, and a person who would otherwise be treated as a settlor or a deemed settlor of the following trusts shall not be treated as a settlor: (A) an irrevocable trust that is treated as qualified terminable interest property under section 2523(f) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (B) an irrevocable trust that is treated as a general power of appointment trust under section 2523(e) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse; (C) an irrevocable trust for the benefit of a person to the extent that the property of the trust was subject to a limited power of appointment or a general power of appointment in another person.

(A) an irrevocable trust that is treated as qualified terminable interest property under section 2523(f) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse;

(B) an irrevocable trust that is treated as a general power of appointment trust under section 2523(e) of the Internal Revenue Code of 1986 as in effect on January 1, 2015, if the settlor is a beneficiary of the trust after the death of the settlor's spouse;

(C) an irrevocable trust for the benefit of a person to the extent that the property of the trust was subject to a limited power of appointment or a general power of appointment in another person.

(2) For purposes of this subsection (c), a person is a beneficiary whether named under the initial trust instrument or through the exercise of a limited or general power of appointment by that person's spouse or by another person.

(3) For purposes of subdivision (c)(1)(C) of this section, a general power of appointment means a power of appointment exercisable in favor of the holder of the power, the estate of the holder of the power, a creditor of the holder of the power, or a creditor of the estate of the holder of the power.

(4) As used in subdivision (c)(1)(C) of this section, "limited power of appointment" means a power of appointment that is not a general power of appointment.

Amended by Act 2023, No. 291,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 801,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 801,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 396,§ 1, eff. 7/22/2015.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-39-401 — AR Code / Title 28 / Chapter 39 / Subchapter 4 / Section 28-39-401
Rights of surviving spouse - Limitations
Status: in_force

(a) When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year. (b) In the event of such an election, the rights of the surviving spouse in the estate of the deceased spouse shall be limited to the following: (1) The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and (2) The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances; and (3) If, after the assignment of dower or curtesy, as the case may be, and the payment of all statutory allowances, taxes, and debts, and the satisfaction of all testamentary gifts and devises, there shall remain some residue of the deceased spouse's estate which is not disposed of by will, then, if the deceased spouse shall have been survived by no natural or adopted child, or the descendants of any natural or adopted child, and by no parent, brother, sister, grandparent, uncle, aunt, great-grandparent, great-uncle, great-aunt, or the lineal descendants of any of them, then the surviving spouse will take by inheritance the undisposed residue. Acts 1949, No. 140, § 33; 1970 (1st Ex. Sess.), No. 14, § 1; 1981, No. 714, § 17; A.S.A. 1947, § 60-501.

(a) When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year.

(b) In the event of such an election, the rights of the surviving spouse in the estate of the deceased spouse shall be limited to the following: (1) The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and (2) The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances; and (3) If, after the assignment of dower or curtesy, as the case may be, and the payment of all statutory allowances, taxes, and debts, and the satisfaction of all testamentary gifts and devises, there shall remain some residue of the deceased spouse's estate which is not disposed of by will, then, if the deceased spouse shall have been survived by no natural or adopted child, or the descendants of any natural or adopted child, and by no parent, brother, sister, grandparent, uncle, aunt, great-grandparent, great-uncle, great-aunt, or the lineal descendants of any of them, then the surviving spouse will take by inheritance the undisposed residue.

(1) The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and

(2) The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances; and

(3) If, after the assignment of dower or curtesy, as the case may be, and the payment of all statutory allowances, taxes, and debts, and the satisfaction of all testamentary gifts and devises, there shall remain some residue of the deceased spouse's estate which is not disposed of by will, then, if the deceased spouse shall have been survived by no natural or adopted child, or the descendants of any natural or adopted child, and by no parent, brother, sister, grandparent, uncle, aunt, great-grandparent, great-uncle, great-aunt, or the lineal descendants of any of them, then the surviving spouse will take by inheritance the undisposed residue.

Acts 1949, No. 140, § 33; 1970 (1st Ex. Sess.), No. 14, § 1; 1981, No. 714, § 17; A.S.A. 1947, § 60-501.