Ark. Code Ann. § 28-68-301 — AR Code / Title 28 / Chapter 68 / Subchapter 3 / Section 28-68-301
Statutory form power of attorney
Status: in_force

A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. ARKANSAS STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68. This power of attorney does not authorize the agent to make healthcare decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF AGENT I __________________ name the (Name of Principal) following person as my agent: Name of Agent:__________________ Agent's Address:__________________ Agent's Telephone Number:__________________ DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If my agent is unable or unwilling to act for me, I name as my successor agent: Name of Successor Agent:__________________ Successor Agent's Address:__________________ Successor Agent's Telephone Number:__________________ If my successor agent is unable or unwilling to act for me, I name as my second successor agent: Name of Second Successor Agent:__________________ Second Successor Agent's Address:__________________ Second Successor Agent's Telephone Number: __________________ GRANT OF GENERAL AUTHORITY I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68: (INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.) (___) Real Property (___) Tangible Personal Property (___) Stocks and Bonds (___) Commodities and Options (___) Banks and Other Financial Institutions (___) Operation of Entity or Business (___) Insurance and Annuities (___) Estates, Trusts, and Other Beneficial Interests (___) Claims and Litigation (___) Personal and Family Maintenance (___) Benefits from Governmental Programs or Civil or Military Service (___) Retirement Plans (___) Taxes (___) All Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.) (___) Create, amend, revoke, or terminate an inter vivos trust (___) Make a gift, subject to the limitations of § 28-68-217 of the Uniform Power of Attorney Act and any special instructions in this power of attorney (___) Create or change rights of survivorship (___) Create or change a beneficiary designation (___) Authorize another person to exercise the authority granted under this power of attorney (___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (___) Exercise fiduciary powers that the principal has authority to delegate LIMITATION ON AGENT'S AUTHORITY An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: __________________ __________________ __________________ __________________ __________________ __________________ EFFECTIVE DATE This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions. NOMINATION OF GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for guardian of my estate:__________________ Nominee's Address:__________________ Nominee's Telephone Number:__________________ Name of Nominee for guardian of my person:__________________ Nominee's Address:__________________ Nominee's Telephone Number:__________________ RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid. SIGNATURE AND ACKNOWLEDGMENT __________________ __________________ Your Signature Date __________________ Your Name Printed __________________ Your Address __________________ Your Telephone Number State of __________________ County of __________________ This document was acknowledged before me on __________________, (Date) by__________________. (Name of Principal) __________________ (Seal, if any) Signature of Notary My commission expires: __________________ IMPORTANT INFORMATION FOR AGENT Agent's Duties When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) act in good faith; (3) do nothing beyond the authority granted in this power of attorney; and (4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) act loyally for the principal's benefit; (2) avoid conflicts that would impair your ability to act in the principal's best interest; (3) act with care, competence, and diligence; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with any person that has authority to make healthcare decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (6) attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. Termination of Agent's Authority You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) death of the principal; (2) the principal's revocation of the power of attorney or your authority; (3) the occurrence of a termination event stated in the power of attorney; (4) the purpose of the power of attorney is fully accomplished; or (5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68. If you violate the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice. Amended by Act 2021, No. 804,§ 2, eff. 7/28/2021. Acts 1965, No. 61, § 11; A.S.A. 1947, § 58-511; Acts 2011, No. 805, § 1.

A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.

ARKANSAS

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68.

This power of attorney does not authorize the agent to make healthcare decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I __________________ name the

(Name of Principal)

following person as my agent:

Name of Agent:__________________

Agent's Address:__________________

Agent's Telephone Number:__________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:__________________

Successor Agent's Address:__________________

Successor Agent's Telephone Number:__________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:__________________

Second Successor Agent's Address:__________________

Second Successor Agent's Telephone Number: __________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(___) Real Property

(___) Tangible Personal Property

(___) Stocks and Bonds

(___) Commodities and Options

(___) Banks and Other Financial Institutions

(___) Operation of Entity or Business

(___) Insurance and Annuities

(___) Estates, Trusts, and Other Beneficial Interests

(___) Claims and Litigation

(___) Personal and Family Maintenance

(___) Benefits from Governmental Programs or Civil or Military Service

(___) Retirement Plans

(___) Taxes

(___) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

(___) Create, amend, revoke, or terminate an inter vivos trust

(___) Make a gift, subject to the limitations of § 28-68-217 of the Uniform Power of Attorney Act and any special instructions in this power of attorney

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation

(___) Authorize another person to exercise the authority granted under this power of attorney

(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(___) Exercise fiduciary powers that the principal has authority to delegate

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

__________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for guardian of my estate:__________________

Nominee's Address:__________________

Nominee's Telephone Number:__________________

Name of Nominee for guardian of my person:__________________

Nominee's Address:__________________

Nominee's Telephone Number:__________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

__________________ __________________

Your Signature Date

__________________

Your Name Printed

__________________

Your Address

__________________

Your Telephone Number

State of __________________

County of __________________

This document was acknowledged before me on __________________,

(Date)

by__________________.

(Name of Principal)

__________________ (Seal, if any)

Signature of Notary

My commission expires: __________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) act in good faith;

(3) do nothing beyond the authority granted in this power of attorney; and

(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) act loyally for the principal's benefit;

(2) avoid conflicts that would impair your ability to act in the principal's best interest;

(3) act with care, competence, and diligence;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with any person that has authority to make healthcare decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) death of the principal;

(2) the principal's revocation of the power of attorney or your authority;

(3) the occurrence of a termination event stated in the power of attorney;

(4) the purpose of the power of attorney is fully accomplished; or

(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68. If you violate the Uniform Power of Attorney Act, Arkansas Code Title 28, Chapter 68, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Amended by Act 2021, No. 804,§ 2, eff. 7/28/2021.

Acts 1965, No. 61, § 11; A.S.A. 1947, § 58-511; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-68-201 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-201
Authority that requires specific grant - Grant of general authority
Status: in_force

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate an inter vivos trust; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal has authority to delegate. (b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§ 28-68-204 - 28-68-216 . (d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to § 28-68-217 . (e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act. Amended by Act 2021, No. 804,§ 1, eff. 7/28/2021. Acts 1981, No. 659, 1; A.S.A. 1947, § 58-701; Acts 2011, No. 805, § 1.

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate an inter vivos trust; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal has authority to delegate.

(1) create, amend, revoke, or terminate an inter vivos trust;

(2) make a gift;

(3) create or change rights of survivorship;

(4) create or change a beneficiary designation;

(5) delegate authority granted under the power of attorney;

(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or

(7) exercise fiduciary powers that the principal has authority to delegate.

(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§ 28-68-204 - 28-68-216 .

(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to § 28-68-217 .

(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

Amended by Act 2021, No. 804,§ 1, eff. 7/28/2021.

Acts 1981, No. 659, 1; A.S.A. 1947, § 58-701; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-53-104 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-104
Order of final distribution - Contents
Status: in_force

(a) The order authorizing, directing, or approving a final distribution shall state that: (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived; (2) The notice required by § 28-53-103 has been given or has been waived; (3) The time for filing claims against the estate has expired; (4) All claims have been paid, or contain a list of unpaid claims; (5) There are contingent claims which have been allowed and whether the distributees take subject thereto; (6) All state and federal inheritance and estate taxes have been paid or provided for; and (7) The distribution authorized or approved is according to law. (b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond. Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.

(a) The order authorizing, directing, or approving a final distribution shall state that: (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived; (2) The notice required by § 28-53-103 has been given or has been waived; (3) The time for filing claims against the estate has expired; (4) All claims have been paid, or contain a list of unpaid claims; (5) There are contingent claims which have been allowed and whether the distributees take subject thereto; (6) All state and federal inheritance and estate taxes have been paid or provided for; and (7) The distribution authorized or approved is according to law.

(1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;

(2) The notice required by § 28-53-103 has been given or has been waived;

(3) The time for filing claims against the estate has expired;

(4) All claims have been paid, or contain a list of unpaid claims;

(5) There are contingent claims which have been allowed and whether the distributees take subject thereto;

(6) All state and federal inheritance and estate taxes have been paid or provided for; and

(7) The distribution authorized or approved is according to law.

(b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.

Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.
Ark. Code Ann. § 28-73-408 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-408
Trust for care of animal
Status: in_force

(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. (b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. Acts 2005, No. 1031, § 1.

(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-802 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-802
Duty of loyalty
Status: in_force

(a) A trustee shall administer the trust solely in the interests of the beneficiaries. (b) Subject to the rights of persons dealing with or assisting the trustee as provided in § 28-73-1012 , a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction was approved by a court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by § 28-73-1005 ; (4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with § 28-73-1009 ; or (5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee. (c) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with: (1) the trustee's spouse; (2) the trustee's descendants, siblings, parents, or their spouses; (3) an agent or attorney of the trustee; or (4) a corporation or other person or enterprise in which the trustee, or a person who owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment. (d) A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary. (e) A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust. (f) (1) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of § 28-73-901 et seq. (2) The trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. (3) If the trustee receives compensation from the investment company or investment trust for providing management services, the trustee shall at least annually notify the persons entitled under § 28-73-813 to receive a copy of the trustee's annual report of the rate and method by which the compensation was determined. (g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries. (h) This section does not preclude the following transactions, if fair to the beneficiaries: (1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) payment of reasonable compensation to the trustee; (3) a transaction between a trust and another trust, decedent's estate, or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest; (4) a deposit of trust money in a regulated financial service institution operated by the trustee; or (5) an advance by the trustee of money for the protection of the trust. (i) A court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee. (j) Subsections (b)-(e) apply 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 shall administer the trust solely in the interests of the beneficiaries.

(b) Subject to the rights of persons dealing with or assisting the trustee as provided in § 28-73-1012 , a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction was approved by a court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by § 28-73-1005 ; (4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with § 28-73-1009 ; or (5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

(1) the transaction was authorized by the terms of the trust;

(2) the transaction was approved by a court;

(3) the beneficiary did not commence a judicial proceeding within the time allowed by § 28-73-1005 ;

(4) the beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with § 28-73-1009 ; or

(5) the transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

(c) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with: (1) the trustee's spouse; (2) the trustee's descendants, siblings, parents, or their spouses; (3) an agent or attorney of the trustee; or (4) a corporation or other person or enterprise in which the trustee, or a person who owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.

(1) the trustee's spouse;

(2) the trustee's descendants, siblings, parents, or their spouses;

(3) an agent or attorney of the trustee; or

(4) a corporation or other person or enterprise in which the trustee, or a person who owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.

(d) A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.

(e) A transaction not concerning trust property in which the trustee engages in the trustee's individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.

(f) (1) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of § 28-73-901 et seq. (2) The trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. (3) If the trustee receives compensation from the investment company or investment trust for providing management services, the trustee shall at least annually notify the persons entitled under § 28-73-813 to receive a copy of the trustee's annual report of the rate and method by which the compensation was determined.

(1) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of § 28-73-901 et seq.

(2) The trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust.

(3) If the trustee receives compensation from the investment company or investment trust for providing management services, the trustee shall at least annually notify the persons entitled under § 28-73-813 to receive a copy of the trustee's annual report of the rate and method by which the compensation was determined.

(g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.

(h) This section does not preclude the following transactions, if fair to the beneficiaries: (1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) payment of reasonable compensation to the trustee; (3) a transaction between a trust and another trust, decedent's estate, or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest; (4) a deposit of trust money in a regulated financial service institution operated by the trustee; or (5) an advance by the trustee of money for the protection of the trust.

(1) an agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;

(2) payment of reasonable compensation to the trustee;

(3) a transaction between a trust and another trust, decedent's estate, or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest;

(4) a deposit of trust money in a regulated financial service institution operated by the trustee; or

(5) an advance by the trustee of money for the protection of the trust.

(i) A court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee.

(j) Subsections (b)-(e) apply 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. § 28-65-106 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-106
Ward's Bill of Rights - Definition
Status: in_force

(a) (1) This section is intended to create the "Ward's Bill of Rights" and to improve the process for emergency guardianships and other actions or processes related to guardianships in this state. (2) As used in this section, "ward" means an adult for whom a guardian has been appointed. (b) A copy of this section shall be: (1) Served on a proposed ward over eighteen (18) years of age with the guardianship petition; and (2) Provided to a ward upon request at any point during the guardianship or guardianship process. (c) A ward retains all legal and civil rights except those which have been expressly limited by court order or those rights which have been specifically granted by court order to the guardian. (d) (1) A ward has the right to appropriate communication and visitation with any person of the ward's choice. (2) A guardian of the ward may limit or prohibit communication and visitation with the ward if the guardian: (A) Determines it is necessary to limit or prohibit communication and visitation with the ward to protect the ward; and (B) Complies with the following: (i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and (ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian. (3) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or the court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward. (e) A ward has the right to: (1) A copy of the paperwork associated with the guardianship, including without limitation all pleadings and court orders; (2) A guardianship that encourages the development or maintenance of the independence of the ward with, if possible, the eventual goal of terminating the guardianship; (3) Consideration of the ward's current and previously stated personal preferences, desires, medical and psychiatric treatment preferences, religious beliefs, living arrangements, and other preferences and opinions; (4) Exercise full control of all aspects of the ward's life not specifically granted by the court to the guardian; and (5) Receive a copy of all rights, pleadings, notices, and court orders in the native language of the ward and in a manner accessible to the ward relative to his or her abilities. (f) A guardian shall consult properly with the ward concerning significant financial and lifestyle decisions affecting the ward. (g) A ward or guardian may request at any time a hearing before the court on any particular areas of concern. (h) This section does not replace or repeal other remedies otherwise available to a ward under the law. Amended by Act 2021, No. 516,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 667,§ 3, eff. 8/1/2017. Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.

(a) (1) This section is intended to create the "Ward's Bill of Rights" and to improve the process for emergency guardianships and other actions or processes related to guardianships in this state. (2) As used in this section, "ward" means an adult for whom a guardian has been appointed.

(1) This section is intended to create the "Ward's Bill of Rights" and to improve the process for emergency guardianships and other actions or processes related to guardianships in this state.

(2) As used in this section, "ward" means an adult for whom a guardian has been appointed.

(b) A copy of this section shall be: (1) Served on a proposed ward over eighteen (18) years of age with the guardianship petition; and (2) Provided to a ward upon request at any point during the guardianship or guardianship process.

(1) Served on a proposed ward over eighteen (18) years of age with the guardianship petition; and

(2) Provided to a ward upon request at any point during the guardianship or guardianship process.

(c) A ward retains all legal and civil rights except those which have been expressly limited by court order or those rights which have been specifically granted by court order to the guardian.

(d) (1) A ward has the right to appropriate communication and visitation with any person of the ward's choice. (2) A guardian of the ward may limit or prohibit communication and visitation with the ward if the guardian: (A) Determines it is necessary to limit or prohibit communication and visitation with the ward to protect the ward; and (B) Complies with the following: (i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and (ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian. (3) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or the court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.

(1) A ward has the right to appropriate communication and visitation with any person of the ward's choice.

(2) A guardian of the ward may limit or prohibit communication and visitation with the ward if the guardian: (A) Determines it is necessary to limit or prohibit communication and visitation with the ward to protect the ward; and (B) Complies with the following: (i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and (ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian.

(A) Determines it is necessary to limit or prohibit communication and visitation with the ward to protect the ward; and

(B) Complies with the following: (i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and (ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian.

(i) The guardian shall express his or her concerns and any planned limitations or prohibitions on communication and visitation to the ward and, if appropriate, with the person whose communication and visitation with the ward will be limited or prohibited; and

(ii) If the guardian acts on limiting or prohibiting communication and visitation with the ward, the guardian shall: (a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing; (b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward; (c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and (d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian.

(a) List the limitations or prohibitions and the reasons for the limitations or prohibitions in writing;

(b) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section personally to the ward;

(c) Deliver the information described under subdivision (d)(2)(B)(ii) (a) of this section by reasonable means to the person whose communication and visitation with the ward will be limited or prohibited; and

(d) (1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian. (2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian. (3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian.

(1) In addition to the information described under subdivision (d)(2)(B)(ii) (a) of this section, deliver to the ward and the person whose communication and visitation with the ward will be limited or prohibited written notice that the ward and the person whose communication and visitation with the ward will be limited or prohibited may petition the court immediately to remove the limitations and prohibitions imposed by the guardian.

(2) The ward or person whose communication and visitation with the ward will be limited or prohibited may request a hearing on his or her petition to remove the limitations or prohibitions imposed by the guardian.

(3) Upon the request of the ward, the guardian shall assist the ward in seeking and scheduling a hearing on his or her petition to remove the limitations and prohibitions imposed by the guardian.

(3) If a ward is unable to give express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then the consent of the ward may be presumed by a guardian or the court based on the ward's prior relationship with the person seeking communication, visitation, or interaction with the ward.

(e) A ward has the right to: (1) A copy of the paperwork associated with the guardianship, including without limitation all pleadings and court orders; (2) A guardianship that encourages the development or maintenance of the independence of the ward with, if possible, the eventual goal of terminating the guardianship; (3) Consideration of the ward's current and previously stated personal preferences, desires, medical and psychiatric treatment preferences, religious beliefs, living arrangements, and other preferences and opinions; (4) Exercise full control of all aspects of the ward's life not specifically granted by the court to the guardian; and (5) Receive a copy of all rights, pleadings, notices, and court orders in the native language of the ward and in a manner accessible to the ward relative to his or her abilities.

(1) A copy of the paperwork associated with the guardianship, including without limitation all pleadings and court orders;

(2) A guardianship that encourages the development or maintenance of the independence of the ward with, if possible, the eventual goal of terminating the guardianship;

(3) Consideration of the ward's current and previously stated personal preferences, desires, medical and psychiatric treatment preferences, religious beliefs, living arrangements, and other preferences and opinions;

(4) Exercise full control of all aspects of the ward's life not specifically granted by the court to the guardian; and

(5) Receive a copy of all rights, pleadings, notices, and court orders in the native language of the ward and in a manner accessible to the ward relative to his or her abilities.

(f) A guardian shall consult properly with the ward concerning significant financial and lifestyle decisions affecting the ward.

(g) A ward or guardian may request at any time a hearing before the court on any particular areas of concern.

(h) This section does not replace or repeal other remedies otherwise available to a ward under the law.

Amended by Act 2021, No. 516,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 667,§ 3, eff. 8/1/2017.

Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821.
Ark. Code Ann. § 28-48-105 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-105
Removal generally
Status: in_force

(a) (1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by § 28-48-101(b)(6) , then the court may remove him or her. (2) The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed. (b) The removal of a personal representative after letters have been duly issued to him or her does not invalidate his or her official acts performed prior to removal. Acts 1949, No. 140, § 72; A.S.A. 1947, § 62-2203.

(a) (1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by § 28-48-101(b)(6) , then the court may remove him or her. (2) The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed.

(1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by § 28-48-101(b)(6) , then the court may remove him or her.

(2) The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed.

(b) The removal of a personal representative after letters have been duly issued to him or her does not invalidate his or her official acts performed prior to removal.

Acts 1949, No. 140, § 72; A.S.A. 1947, § 62-2203.
Ark. Code Ann. § 28-52-103 — AR Code / Title 28 / Chapter 52 / Section 28-52-103
Filing of accounts
Status: in_force

(a) A personal representative must file with the court a verified account of his or her administration: (1) Upon filing a petition for final settlement; (2) Upon the revocation of his or her letters; (3) Upon his or her application to resign and before his or her resignation is accepted by the court; (4) Annually during the period of administration unless the court otherwise directs; and (5) At any other time when directed by the court either of its own motion or on the application of an interested person. (b) (1) (A) If the personal representative dies or becomes incompetent, his or her account may be presented by his or her personal representative or the guardian of his or her estate to, and may be settled by, the court in which the estate of which he or she was personal representative is being administered. (B) Upon petition of the successor of the deceased or incompetent personal representative, the court shall compel the personal representative or guardian to render an account of the administration of the estate of the decedent, and the court shall settle the account as in other cases. (2) A surety on the bond of a personal representative may file an account on behalf of his or her principal when the principal, or his or her personal representative or guardian, if he or she is deceased or incompetent, is in default in the filing of such an account. (c) (1) If a personal representative fails to present his or her account for settlement when due, it shall be the duty of the clerk to issue a citation in any county in the state where the delinquent personal representative may reside or be found, requiring him or her to present his or her account for settlement within thirty (30) days and to show cause why an attachment shall not be issued against him or her for not having presented his or her account according to law. (2) The court shall have power to issue attachments and all other process necessary to compel the settlement of accounts by personal representatives, to enforce the judgments and orders of the court, and may assess against the personal representative any costs incurred by reason of his or her neglect of duty. Acts 1949, No. 140, §§ 149, 158, 159; A.S.A. 1947, §§ 62-2803, 62-2812, 62-2813.

(a) A personal representative must file with the court a verified account of his or her administration: (1) Upon filing a petition for final settlement; (2) Upon the revocation of his or her letters; (3) Upon his or her application to resign and before his or her resignation is accepted by the court; (4) Annually during the period of administration unless the court otherwise directs; and (5) At any other time when directed by the court either of its own motion or on the application of an interested person.

(1) Upon filing a petition for final settlement;

(2) Upon the revocation of his or her letters;

(3) Upon his or her application to resign and before his or her resignation is accepted by the court;

(4) Annually during the period of administration unless the court otherwise directs; and

(5) At any other time when directed by the court either of its own motion or on the application of an interested person.

(b) (1) (A) If the personal representative dies or becomes incompetent, his or her account may be presented by his or her personal representative or the guardian of his or her estate to, and may be settled by, the court in which the estate of which he or she was personal representative is being administered. (B) Upon petition of the successor of the deceased or incompetent personal representative, the court shall compel the personal representative or guardian to render an account of the administration of the estate of the decedent, and the court shall settle the account as in other cases. (2) A surety on the bond of a personal representative may file an account on behalf of his or her principal when the principal, or his or her personal representative or guardian, if he or she is deceased or incompetent, is in default in the filing of such an account.

(1) (A) If the personal representative dies or becomes incompetent, his or her account may be presented by his or her personal representative or the guardian of his or her estate to, and may be settled by, the court in which the estate of which he or she was personal representative is being administered. (B) Upon petition of the successor of the deceased or incompetent personal representative, the court shall compel the personal representative or guardian to render an account of the administration of the estate of the decedent, and the court shall settle the account as in other cases.

(A) If the personal representative dies or becomes incompetent, his or her account may be presented by his or her personal representative or the guardian of his or her estate to, and may be settled by, the court in which the estate of which he or she was personal representative is being administered.

(B) Upon petition of the successor of the deceased or incompetent personal representative, the court shall compel the personal representative or guardian to render an account of the administration of the estate of the decedent, and the court shall settle the account as in other cases.

(2) A surety on the bond of a personal representative may file an account on behalf of his or her principal when the principal, or his or her personal representative or guardian, if he or she is deceased or incompetent, is in default in the filing of such an account.

(c) (1) If a personal representative fails to present his or her account for settlement when due, it shall be the duty of the clerk to issue a citation in any county in the state where the delinquent personal representative may reside or be found, requiring him or her to present his or her account for settlement within thirty (30) days and to show cause why an attachment shall not be issued against him or her for not having presented his or her account according to law. (2) The court shall have power to issue attachments and all other process necessary to compel the settlement of accounts by personal representatives, to enforce the judgments and orders of the court, and may assess against the personal representative any costs incurred by reason of his or her neglect of duty.

(1) If a personal representative fails to present his or her account for settlement when due, it shall be the duty of the clerk to issue a citation in any county in the state where the delinquent personal representative may reside or be found, requiring him or her to present his or her account for settlement within thirty (30) days and to show cause why an attachment shall not be issued against him or her for not having presented his or her account according to law.

(2) The court shall have power to issue attachments and all other process necessary to compel the settlement of accounts by personal representatives, to enforce the judgments and orders of the court, and may assess against the personal representative any costs incurred by reason of his or her neglect of duty.

Acts 1949, No. 140, §§ 149, 158, 159; A.S.A. 1947, §§ 62-2803, 62-2812, 62-2813.
Ark. Code Ann. § 28-73-107 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-107
Governing law
Status: in_force

The meaning and effect of the terms of a trust are determined by: (1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue. Acts 2005, No. 1031, § 1.

The meaning and effect of the terms of a trust are determined by:

(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or

(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-41-101 — AR Code / Title 28 / Chapter 41 / Section 28-41-101
Collection of small estates by distributee
Status: in_force

(a) (1) The distributee of an estate may collect and distribute the assets of an estate under this section without the appointment of a personal representative when: (A) No petition for the appointment of a personal representative is pending or has been granted; (B) Forty-five (45) days have elapsed since the death of the decedent; (C) (i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000). (ii) When calculating the value of all property owned by the decedent under subdivision (a)(1)(C)(i) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded; (D) One (1) or more of the distributees files an affidavit with the probate clerk of the circuit court of the county of proper venue for administration stating: (i) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations; (ii) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead; (iii) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and (iv) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and (E) A copy of the affidavit certified by the clerk is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right. (2) The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration or obtaining a court order granting a petition for probate and administration in accordance with § 28-40-101 et seq. (b) (1) (A) The clerk shall file the affidavit, assign it a number, and index it as required by § 28-1-108(1) . (B) He or she shall make a charge of twenty-five dollars ($25.00) for filing the affidavit and five dollars ($5.00) for each certified copy. (C) An order of the court or other proceeding is not necessary. (D) An additional fee shall not be charged if a will is attached to the affidavit. (2) (A) If an estate collected under this section contains real property, in order to allow for claims against the estate to be presented, the distributee shall cause a notice of the decedent's death and the filing of an affidavit for the collection of his or her estate to be published within thirty (30) days after the affidavit has been filed. (B) The notice shall be in substantially the following form: "In the Circuit Court of ............... County, Arkansas Probate Division In the Matter of the Estate of ..............., Deceased. No. ............... Name of decedent ............... Last known address ............... Date of death ............... On ..............., an affidavit for collection of small estate by distributee was filed with respect to the estate of ..............., deceased, with the clerk of the probate division of the circuit court of ............... County, Arkansas, under Ark. Code Ann. § 28-41-101 . All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate. The name, mailing address, and telephone number of the distributee or distributee's attorney is: ............... This notice first published ..............., 20...". (C) Publication of the notice shall be as provided in §§ 28-1-112(b)(4) and 28-40-111(a)(4) . Amended by Act 2021, No. 423,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 649,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 526,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 230,§ 1, eff. 8/16/2013. Acts 1949, No. 140, § 66; 1951, No. 255, § 5; 1967, No. 287, § 4; 1975, No. 620, § 6; 1979, No. 641, § 1; 1981, No. 714, § 67; 1983, No. 133, § 1; A.S.A. 1947, § 62-2127; Acts 1987, No. 163, § 1; 1989, No. 960, § 1; 1993, No. 415, § 3; 1993, No. 687, § 1; 1999, No. 992, § 1; 2001, No. 1809, § 8; 2003, No. 1185, § 278; 2003, No. 1765, § 38; 2005, No. 899, § 1; 2011, No. 289, § 1; 2011, No. 761, § 1.

(a) (1) The distributee of an estate may collect and distribute the assets of an estate under this section without the appointment of a personal representative when: (A) No petition for the appointment of a personal representative is pending or has been granted; (B) Forty-five (45) days have elapsed since the death of the decedent; (C) (i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000). (ii) When calculating the value of all property owned by the decedent under subdivision (a)(1)(C)(i) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded; (D) One (1) or more of the distributees files an affidavit with the probate clerk of the circuit court of the county of proper venue for administration stating: (i) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations; (ii) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead; (iii) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and (iv) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and (E) A copy of the affidavit certified by the clerk is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right. (2) The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration or obtaining a court order granting a petition for probate and administration in accordance with § 28-40-101 et seq.

(1) The distributee of an estate may collect and distribute the assets of an estate under this section without the appointment of a personal representative when: (A) No petition for the appointment of a personal representative is pending or has been granted; (B) Forty-five (45) days have elapsed since the death of the decedent; (C) (i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000). (ii) When calculating the value of all property owned by the decedent under subdivision (a)(1)(C)(i) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded; (D) One (1) or more of the distributees files an affidavit with the probate clerk of the circuit court of the county of proper venue for administration stating: (i) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations; (ii) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead; (iii) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and (iv) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and (E) A copy of the affidavit certified by the clerk is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right.

(A) No petition for the appointment of a personal representative is pending or has been granted;

(B) Forty-five (45) days have elapsed since the death of the decedent;

(C) (i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000). (ii) When calculating the value of all property owned by the decedent under subdivision (a)(1)(C)(i) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded;

(i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000).

(ii) When calculating the value of all property owned by the decedent under subdivision (a)(1)(C)(i) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded;

(D) One (1) or more of the distributees files an affidavit with the probate clerk of the circuit court of the county of proper venue for administration stating: (i) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations; (ii) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead; (iii) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and (iv) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and

(i) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations;

(ii) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead;

(iii) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and

(iv) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and

(E) A copy of the affidavit certified by the clerk is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right.

(2) The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration or obtaining a court order granting a petition for probate and administration in accordance with § 28-40-101 et seq.

(b) (1) (A) The clerk shall file the affidavit, assign it a number, and index it as required by § 28-1-108(1) . (B) He or she shall make a charge of twenty-five dollars ($25.00) for filing the affidavit and five dollars ($5.00) for each certified copy. (C) An order of the court or other proceeding is not necessary. (D) An additional fee shall not be charged if a will is attached to the affidavit. (2) (A) If an estate collected under this section contains real property, in order to allow for claims against the estate to be presented, the distributee shall cause a notice of the decedent's death and the filing of an affidavit for the collection of his or her estate to be published within thirty (30) days after the affidavit has been filed. (B) The notice shall be in substantially the following form: "In the Circuit Court of ............... County, Arkansas Probate Division In the Matter of the Estate of ..............., Deceased. No. ............... Name of decedent ............... Last known address ............... Date of death ............... On ..............., an affidavit for collection of small estate by distributee was filed with respect to the estate of ..............., deceased, with the clerk of the probate division of the circuit court of ............... County, Arkansas, under Ark. Code Ann. § 28-41-101 . All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate. The name, mailing address, and telephone number of the distributee or distributee's attorney is: ............... This notice first published ..............., 20...". (C) Publication of the notice shall be as provided in §§ 28-1-112(b)(4) and 28-40-111(a)(4) .

(1) (A) The clerk shall file the affidavit, assign it a number, and index it as required by § 28-1-108(1) . (B) He or she shall make a charge of twenty-five dollars ($25.00) for filing the affidavit and five dollars ($5.00) for each certified copy. (C) An order of the court or other proceeding is not necessary. (D) An additional fee shall not be charged if a will is attached to the affidavit.

(A) The clerk shall file the affidavit, assign it a number, and index it as required by § 28-1-108(1) .

(B) He or she shall make a charge of twenty-five dollars ($25.00) for filing the affidavit and five dollars ($5.00) for each certified copy.

(C) An order of the court or other proceeding is not necessary.

(D) An additional fee shall not be charged if a will is attached to the affidavit.

(2) (A) If an estate collected under this section contains real property, in order to allow for claims against the estate to be presented, the distributee shall cause a notice of the decedent's death and the filing of an affidavit for the collection of his or her estate to be published within thirty (30) days after the affidavit has been filed. (B) The notice shall be in substantially the following form: "In the Circuit Court of ............... County, Arkansas Probate Division In the Matter of the Estate of ..............., Deceased. No. ............... Name of decedent ............... Last known address ............... Date of death ............... On ..............., an affidavit for collection of small estate by distributee was filed with respect to the estate of ..............., deceased, with the clerk of the probate division of the circuit court of ............... County, Arkansas, under Ark. Code Ann. § 28-41-101 . All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate. The name, mailing address, and telephone number of the distributee or distributee's attorney is: ............... This notice first published ..............., 20...". (C) Publication of the notice shall be as provided in §§ 28-1-112(b)(4) and 28-40-111(a)(4) .

(A) If an estate collected under this section contains real property, in order to allow for claims against the estate to be presented, the distributee shall cause a notice of the decedent's death and the filing of an affidavit for the collection of his or her estate to be published within thirty (30) days after the affidavit has been filed.

(B) The notice shall be in substantially the following form: "In the Circuit Court of ............... County, Arkansas Probate Division In the Matter of the Estate of ..............., Deceased. No. ............... Name of decedent ............... Last known address ............... Date of death ............... On ..............., an affidavit for collection of small estate by distributee was filed with respect to the estate of ..............., deceased, with the clerk of the probate division of the circuit court of ............... County, Arkansas, under Ark. Code Ann. § 28-41-101 . All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate. The name, mailing address, and telephone number of the distributee or distributee's attorney is: ............... This notice first published ..............., 20...".

"In the Circuit Court of ............... County, Arkansas

Probate Division

In the Matter of the Estate of ..............., Deceased. No. ...............

Name of decedent ...............

Last known address ...............

Date of death ...............

On ..............., an affidavit for collection of small estate by distributee was filed with respect to the estate of ..............., deceased, with the clerk of the probate division of the circuit court of ............... County, Arkansas, under Ark. Code Ann. § 28-41-101 .

All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate.

The name, mailing address, and telephone number of the distributee or distributee's attorney is:

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

This notice first published ..............., 20...".

(C) Publication of the notice shall be as provided in §§ 28-1-112(b)(4) and 28-40-111(a)(4) .

Amended by Act 2021, No. 423,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 649,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 526,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 230,§ 1, eff. 8/16/2013.

Acts 1949, No. 140, § 66; 1951, No. 255, § 5; 1967, No. 287, § 4; 1975, No. 620, § 6; 1979, No. 641, § 1; 1981, No. 714, § 67; 1983, No. 133, § 1; A.S.A. 1947, § 62-2127; Acts 1987, No. 163, § 1; 1989, No. 960, § 1; 1993, No. 415, § 3; 1993, No. 687, § 1; 1999, No. 992, § 1; 2001, No. 1809, § 8; 2003, No. 1185, § 278; 2003, No. 1765, § 38; 2005, No. 899, § 1; 2011, No. 289, § 1; 2011, No. 761, § 1.
Ark. Code Ann. § 28-77-101 — AR Code / Title 28 / Chapter 77 / Subchapter 1 / Section 28-77-101
Short title
Status: in_force

This chapter may be cited as the "Uniform Fiduciary Income and Principal Act". Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

This chapter may be cited as the "Uniform Fiduciary Income and Principal Act".

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-77-102 — AR Code / Title 28 / Chapter 77 / Subchapter 1 / Section 28-77-102
Definitions
Status: in_force

In this chapter: (1) "Accounting period" means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. The term includes a part of a calendar year or another period of 12 calendar months or approximately 12 calendar months which begins when an income interest begins or ends when an income interest ends. (2) "Asset-backed security" means a security that is serviced primarily by the cash flows of a discrete pool of fixed or revolving receivables or other financial assets that by their terms convert into cash within a finite time. The term includes rights or other assets that ensure the servicing or timely distribution of proceeds to the holder of the asset-backed security. The term does not include an asset to which § 28-77-401 , § 28-77-409 , or § 28-77-414 applies. (3) "Beneficiary" includes: (A) for a trust: (i) a current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal; (ii) a remainder beneficiary; and (iii) any other successor beneficiary; and (B) for an estate, an heir, legatee, and devisee. (4) "Court" means a probate court. (5) "Current income beneficiary" means a beneficiary to which a fiduciary may distribute net income, whether or not the fiduciary also may distribute principal to the beneficiary. (6) "Distribution" means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, made under the terms of the trust, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust. "Distribute", "distributed", and "distributee" have corresponding meanings. (7) "Estate" means a decedent's estate. The term includes the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration. (8) "Fiduciary" includes a trustee, trust director determined under § 28-76-102 , personal representative, and person acting under a delegation from a fiduciary. The term includes a person that holds property for a successor beneficiary whose interest may be affected by an allocation of receipts and expenditures between income and principal. If there are two or more co-fiduciaries, the term includes all co-fiduciaries acting under the terms of the trust and applicable law. (9) "Income" means money or other property a fiduciary receives as current return from principal. The term includes a part of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in § 28-77-401 et seq. (10) "Income interest" means the right of a current income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the fiduciary's discretion. The term includes the right of a current beneficiary to use property held by a fiduciary. (11) "Independent person" means a person that is not: (A) for a trust: (i) a qualified beneficiary determined under § 28-73-103 ; (ii) a settlor of the trust; or (iii) an individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust; (B) for an estate, a beneficiary; (C) a spouse, parent, brother, sister, or issue of an individual described in subparagraph (A) or (B); (D) a corporation, partnership, limited liability company, or other entity in which persons described in subparagraphs (A) through (C), in the aggregate, have voting control; or (E) an employee of a person described in subparagraph (A), (B), (C), or (D). (12) "Mandatory income interest" means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. (13) "Net income" means the total allocations during an accounting period to income under the terms of a trust and this chapter minus the disbursements during the period, other than distributions, allocated to income under the terms of the trust and this chapter. To the extent the trust is a unitrust under § 28-77-301 et seq., the term means the unitrust amount determined under § 28-77-301 et seq. The term includes an adjustment from principal to income under § 28-77-203 . The term does not include an adjustment from income to principal under § 28-77-203 . (14) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (15) "Personal representative" means an executor, administrator, successor personal representative, special administrator, or person that performs substantially the same function with respect to an estate under the law governing the person's status. (16) "Principal" means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. (17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (18) "Settlor" means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, the term includes each person, to the extent of the trust property attributable to that person's contribution, except to the extent another person has the power to revoke or withdraw that portion. (19) "Special tax benefit" means: (A) exclusion of a transfer to a trust from gifts described in Section 2503(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2503(b) , as amended, because of the qualification of an income interest in the trust as a present interest in property; (B) status as a qualified subchapter S trust described in Section 1361(d)(3) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(d)(3) , as amended, at a time the trust holds stock of an S corporation described in Section 1361(a)(1) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(a)(1) , as amended; (C) an estate or gift tax marital deduction for a transfer to a trust under Section 2056 or 2523 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2056 or 2523 , as amended, which depends or depended in whole or in part on the right of the settlor's spouse to receive the net income of the trust; (D) exemption in whole or in part of a trust from the federal generation-skipping transfer tax imposed by Section 2601 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2601 , as amended, because the trust was irrevocable on September 25, 1985, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(a) , as amended, could occur with respect to the trust; or (E) an inclusion ratio, as defined in Section 2642(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2642(a) , as amended, of the trust which is less than one, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 2612(a) , as amended, could occur with respect to the trust. (20) "Successive interest" means the interest of a successor beneficiary. (21) "Successor beneficiary" means a person entitled to receive income or principal or to use property when an income interest or other current interest ends. (22) "Terms of a trust" means: (A) except as otherwise provided in subparagraph (B), the manifestation of the settlor's intent regarding a trust's provisions as: (i) expressed in the trust instrument; or (ii) established by other evidence that would be admissible in a judicial proceeding; (B) the trust's provisions as established, determined, or amended by: (i) a trustee or trust director in accordance with applicable law; (ii) court order; or (iii) a nonjudicial settlement agreement under § 28-73-111 ; or (C) for an estate, a will. (23) "Trust": (A) includes: (i) an express trust, private or charitable, with additions to the trust, wherever and however created; and (ii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust; and (B) does not include: (i) a constructive trust; (ii) a resulting trust, conservatorship, guardianship, multi-party account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or (iii) an arrangement under which a person is a nominee, escrowee, or agent for another. (24) "Trustee" means a person, other than a personal representative, that owns or holds property for the benefit of a beneficiary. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. (25) "Will" means any testamentary instrument recognized by applicable law which makes a legally effective disposition of an individual's property, effective at the individual's death. The term includes a codicil or other amendment to a testamentary instrument. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

In this chapter:

(1) "Accounting period" means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months. The term includes a part of a calendar year or another period of 12 calendar months or approximately 12 calendar months which begins when an income interest begins or ends when an income interest ends.

(2) "Asset-backed security" means a security that is serviced primarily by the cash flows of a discrete pool of fixed or revolving receivables or other financial assets that by their terms convert into cash within a finite time. The term includes rights or other assets that ensure the servicing or timely distribution of proceeds to the holder of the asset-backed security. The term does not include an asset to which § 28-77-401 , § 28-77-409 , or § 28-77-414 applies.

(3) "Beneficiary" includes: (A) for a trust: (i) a current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal; (ii) a remainder beneficiary; and (iii) any other successor beneficiary; and (B) for an estate, an heir, legatee, and devisee.

(A) for a trust: (i) a current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal; (ii) a remainder beneficiary; and (iii) any other successor beneficiary; and

(i) a current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal;

(ii) a remainder beneficiary; and

(iii) any other successor beneficiary; and

(B) for an estate, an heir, legatee, and devisee.

(4) "Court" means a probate court.

(5) "Current income beneficiary" means a beneficiary to which a fiduciary may distribute net income, whether or not the fiduciary also may distribute principal to the beneficiary.

(6) "Distribution" means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, made under the terms of the trust, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust. "Distribute", "distributed", and "distributee" have corresponding meanings.

(7) "Estate" means a decedent's estate. The term includes the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration.

(8) "Fiduciary" includes a trustee, trust director determined under § 28-76-102 , personal representative, and person acting under a delegation from a fiduciary. The term includes a person that holds property for a successor beneficiary whose interest may be affected by an allocation of receipts and expenditures between income and principal. If there are two or more co-fiduciaries, the term includes all co-fiduciaries acting under the terms of the trust and applicable law.

(9) "Income" means money or other property a fiduciary receives as current return from principal. The term includes a part of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in § 28-77-401 et seq.

(10) "Income interest" means the right of a current income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the fiduciary's discretion. The term includes the right of a current beneficiary to use property held by a fiduciary.

(11) "Independent person" means a person that is not: (A) for a trust: (i) a qualified beneficiary determined under § 28-73-103 ; (ii) a settlor of the trust; or (iii) an individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust; (B) for an estate, a beneficiary; (C) a spouse, parent, brother, sister, or issue of an individual described in subparagraph (A) or (B); (D) a corporation, partnership, limited liability company, or other entity in which persons described in subparagraphs (A) through (C), in the aggregate, have voting control; or (E) an employee of a person described in subparagraph (A), (B), (C), or (D).

(A) for a trust: (i) a qualified beneficiary determined under § 28-73-103 ; (ii) a settlor of the trust; or (iii) an individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust;

(i) a qualified beneficiary determined under § 28-73-103 ;

(ii) a settlor of the trust; or

(iii) an individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust;

(B) for an estate, a beneficiary;

(C) a spouse, parent, brother, sister, or issue of an individual described in subparagraph (A) or (B);

(D) a corporation, partnership, limited liability company, or other entity in which persons described in subparagraphs (A) through (C), in the aggregate, have voting control; or

(E) an employee of a person described in subparagraph (A), (B), (C), or (D).

(12) "Mandatory income interest" means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.

(13) "Net income" means the total allocations during an accounting period to income under the terms of a trust and this chapter minus the disbursements during the period, other than distributions, allocated to income under the terms of the trust and this chapter. To the extent the trust is a unitrust under § 28-77-301 et seq., the term means the unitrust amount determined under § 28-77-301 et seq. The term includes an adjustment from principal to income under § 28-77-203 . The term does not include an adjustment from income to principal under § 28-77-203 .

(14) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(15) "Personal representative" means an executor, administrator, successor personal representative, special administrator, or person that performs substantially the same function with respect to an estate under the law governing the person's status.

(16) "Principal" means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary.

(17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(18) "Settlor" means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, the term includes each person, to the extent of the trust property attributable to that person's contribution, except to the extent another person has the power to revoke or withdraw that portion.

(19) "Special tax benefit" means: (A) exclusion of a transfer to a trust from gifts described in Section 2503(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2503(b) , as amended, because of the qualification of an income interest in the trust as a present interest in property; (B) status as a qualified subchapter S trust described in Section 1361(d)(3) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(d)(3) , as amended, at a time the trust holds stock of an S corporation described in Section 1361(a)(1) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(a)(1) , as amended; (C) an estate or gift tax marital deduction for a transfer to a trust under Section 2056 or 2523 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2056 or 2523 , as amended, which depends or depended in whole or in part on the right of the settlor's spouse to receive the net income of the trust; (D) exemption in whole or in part of a trust from the federal generation-skipping transfer tax imposed by Section 2601 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2601 , as amended, because the trust was irrevocable on September 25, 1985, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(a) , as amended, could occur with respect to the trust; or (E) an inclusion ratio, as defined in Section 2642(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2642(a) , as amended, of the trust which is less than one, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 2612(a) , as amended, could occur with respect to the trust.

(A) exclusion of a transfer to a trust from gifts described in Section 2503(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2503(b) , as amended, because of the qualification of an income interest in the trust as a present interest in property;

(B) status as a qualified subchapter S trust described in Section 1361(d)(3) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(d)(3) , as amended, at a time the trust holds stock of an S corporation described in Section 1361(a)(1) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 1361(a)(1) , as amended;

(C) an estate or gift tax marital deduction for a transfer to a trust under Section 2056 or 2523 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2056 or 2523 , as amended, which depends or depended in whole or in part on the right of the settlor's spouse to receive the net income of the trust;

(D) exemption in whole or in part of a trust from the federal generation-skipping transfer tax imposed by Section 2601 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2601 , as amended, because the trust was irrevocable on September 25, 1985, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(a) , as amended, could occur with respect to the trust; or

(i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or

(ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(a) , as amended, could occur with respect to the trust; or

(E) an inclusion ratio, as defined in Section 2642(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2642(a) , as amended, of the trust which is less than one, if there is any possibility that: (i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or (ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 2612(a) , as amended, could occur with respect to the trust.

(i) a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. Section 2612(b) , as amended, could be made from the trust; or

(ii) a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 2612(a) , as amended, could occur with respect to the trust.

(20) "Successive interest" means the interest of a successor beneficiary.

(21) "Successor beneficiary" means a person entitled to receive income or principal or to use property when an income interest or other current interest ends.

(22) "Terms of a trust" means: (A) except as otherwise provided in subparagraph (B), the manifestation of the settlor's intent regarding a trust's provisions as: (i) expressed in the trust instrument; or (ii) established by other evidence that would be admissible in a judicial proceeding; (B) the trust's provisions as established, determined, or amended by: (i) a trustee or trust director in accordance with applicable law; (ii) court order; or (iii) a nonjudicial settlement agreement under § 28-73-111 ; or (C) for an estate, a will.

(A) except as otherwise provided in subparagraph (B), the manifestation of the settlor's intent regarding a trust's provisions as: (i) expressed in the trust instrument; or (ii) established by other evidence that would be admissible in a judicial proceeding;

(i) expressed in the trust instrument; or

(ii) established by other evidence that would be admissible in a judicial proceeding;

(B) the trust's provisions as established, determined, or amended by: (i) a trustee or trust director in accordance with applicable law; (ii) court order; or (iii) a nonjudicial settlement agreement under § 28-73-111 ; or

(i) a trustee or trust director in accordance with applicable law;

(ii) court order; or

(iii) a nonjudicial settlement agreement under § 28-73-111 ; or

(C) for an estate, a will.

(23) "Trust": (A) includes: (i) an express trust, private or charitable, with additions to the trust, wherever and however created; and (ii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust; and (B) does not include: (i) a constructive trust; (ii) a resulting trust, conservatorship, guardianship, multi-party account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or (iii) an arrangement under which a person is a nominee, escrowee, or agent for another.

(A) includes: (i) an express trust, private or charitable, with additions to the trust, wherever and however created; and (ii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust; and

(i) an express trust, private or charitable, with additions to the trust, wherever and however created; and

(ii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust; and

(B) does not include: (i) a constructive trust; (ii) a resulting trust, conservatorship, guardianship, multi-party account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or (iii) an arrangement under which a person is a nominee, escrowee, or agent for another.

(i) a constructive trust;

(ii) a resulting trust, conservatorship, guardianship, multi-party account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or

(iii) an arrangement under which a person is a nominee, escrowee, or agent for another.

(24) "Trustee" means a person, other than a personal representative, that owns or holds property for the benefit of a beneficiary. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

(25) "Will" means any testamentary instrument recognized by applicable law which makes a legally effective disposition of an individual's property, effective at the individual's death. The term includes a codicil or other amendment to a testamentary instrument.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-703 — AR Code / Title 28 / Chapter 65 / Subchapter 7 / Section 28-65-703
Public Guardian for Adults - Duties
Status: in_force

(a) The Public Guardian for Adults: (1) Shall administer and organize the work of the Office of Public Guardian for Adults; (2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who: (A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702 ; (B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and (C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and (3) (A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203 . (B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees. (C) A volunteer shall not be an employee of any facility or program that provides services to the ward. (D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward. (b) (1) The Public Guardian for Adults shall receive and review referrals for adult guardianship. (2) A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment. (c) The Public Guardian for Adults may petition to be appointed guardian of the person of an adult or guardian of the estate of an adult, or both, if: (1) The Public Guardian for Adults has probable cause to believe that the adult lacks the capacity to make and communicate decisions necessary for his or her health, safety, and welfare or to manage his or her property; (2) The Public Guardian for Adults believes that the adult is incapacitated; (3) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and (4) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult. (d) If requested by the court having jurisdiction of the ward, the Public Guardian for Adults may petition to intervene in an established guardianship and petition to be named a successor guardian if all of the following conditions are met: (1) The Public Guardian for Adults determines that the current guardian is unable or unwilling to perform his or her duties under the guardianship; (2) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and (3) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult. (e) (1) The Public Guardian for Adults either directly or through staff or volunteered services shall monitor each ward and each ward's care and progress on a continuing basis. (2) The monitoring shall include quarterly personal contact with each ward. (3) A written record shall be created and maintained concerning each personal contact and shall contain the information specified in § 28-65-322 . (f) (1) The Public Guardian for Adults shall keep and maintain financial, case control, and statistical records in accordance with generally accepted professional business and accounting standards in all cases for which the Office of Public Guardian for Adults has been appointed guardian. (2) Office records that identify individuals for whom the office has provided guardianship services shall be kept confidential except to the extent that disclosure is required by other laws. (3) Office records shall be retained in accordance with state record retention rules. (g) Unless specifically provided otherwise in this subchapter, this chapter is applicable to any guardianship established under this subchapter. (h) (1) Upon petition by the Department of Human Services, a court may direct payment from the assets of the ward for services rendered or goods purchased by or for the ward during the course of the guardianship. (2) Notwithstanding the requirement of § 28-51-303(b)(2)(A) , the court may allow the sale of a ward's property at public auction for less than three-fourths (¾) of the appraised value. Amended by Act 2015, No. 1203,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 582,§ 1, eff. 8/16/2013. Acts 2007, No. 862, § 4.

(a) The Public Guardian for Adults: (1) Shall administer and organize the work of the Office of Public Guardian for Adults; (2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who: (A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702 ; (B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and (C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and (3) (A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203 . (B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees. (C) A volunteer shall not be an employee of any facility or program that provides services to the ward. (D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.

(1) Shall administer and organize the work of the Office of Public Guardian for Adults;

(2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who: (A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702 ; (B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and (C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and

(A) Meet the same qualifications as required for the Public Guardian for Adults in § 28-65-702 ;

(B) Have the same power and duties as the Public Guardian for Adults except those related to the administration and organization of the Office of Public Guardian for Adults; and

(C) May act on behalf of the Public Guardian for Adults in matters related to guardianships held by the Public Guardian for Adults; and

(3) (A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203 . (B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees. (C) A volunteer shall not be an employee of any facility or program that provides services to the ward. (D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.

(A) May accept the services of volunteers who shall possess all of the qualifications of a guardian required under § 28-65-203 .

(B) If approved by the Public Guardian for Adults, the volunteer shall be reimbursed for expenses in the same manner as public employees.

(C) A volunteer shall not be an employee of any facility or program that provides services to the ward.

(D) Volunteers shall not be related to the owner or any staff member of any facility or program that provides services to the ward.

(b) (1) The Public Guardian for Adults shall receive and review referrals for adult guardianship. (2) A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment.

(1) The Public Guardian for Adults shall receive and review referrals for adult guardianship.

(2) A court shall not appoint the Public Guardian for Adults as the guardian of a person or estate unless the Public Guardian for Adults petitions for the guardianship and consents to the appointment.

(c) The Public Guardian for Adults may petition to be appointed guardian of the person of an adult or guardian of the estate of an adult, or both, if: (1) The Public Guardian for Adults has probable cause to believe that the adult lacks the capacity to make and communicate decisions necessary for his or her health, safety, and welfare or to manage his or her property; (2) The Public Guardian for Adults believes that the adult is incapacitated; (3) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and (4) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.

(1) The Public Guardian for Adults has probable cause to believe that the adult lacks the capacity to make and communicate decisions necessary for his or her health, safety, and welfare or to manage his or her property;

(2) The Public Guardian for Adults believes that the adult is incapacitated;

(3) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and

(4) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.

(d) If requested by the court having jurisdiction of the ward, the Public Guardian for Adults may petition to intervene in an established guardianship and petition to be named a successor guardian if all of the following conditions are met: (1) The Public Guardian for Adults determines that the current guardian is unable or unwilling to perform his or her duties under the guardianship; (2) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and (3) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.

(1) The Public Guardian for Adults determines that the current guardian is unable or unwilling to perform his or her duties under the guardianship;

(2) There is no suitable private guardian qualified and willing to accept the guardianship appointment; and

(3) A circuit court determines that the Public Guardian for Adults would be a suitable guardian for the incapacitated adult.

(e) (1) The Public Guardian for Adults either directly or through staff or volunteered services shall monitor each ward and each ward's care and progress on a continuing basis. (2) The monitoring shall include quarterly personal contact with each ward. (3) A written record shall be created and maintained concerning each personal contact and shall contain the information specified in § 28-65-322 .

(1) The Public Guardian for Adults either directly or through staff or volunteered services shall monitor each ward and each ward's care and progress on a continuing basis.

(2) The monitoring shall include quarterly personal contact with each ward.

(3) A written record shall be created and maintained concerning each personal contact and shall contain the information specified in § 28-65-322 .

(f) (1) The Public Guardian for Adults shall keep and maintain financial, case control, and statistical records in accordance with generally accepted professional business and accounting standards in all cases for which the Office of Public Guardian for Adults has been appointed guardian. (2) Office records that identify individuals for whom the office has provided guardianship services shall be kept confidential except to the extent that disclosure is required by other laws. (3) Office records shall be retained in accordance with state record retention rules.

(1) The Public Guardian for Adults shall keep and maintain financial, case control, and statistical records in accordance with generally accepted professional business and accounting standards in all cases for which the Office of Public Guardian for Adults has been appointed guardian.

(2) Office records that identify individuals for whom the office has provided guardianship services shall be kept confidential except to the extent that disclosure is required by other laws.

(3) Office records shall be retained in accordance with state record retention rules.

(g) Unless specifically provided otherwise in this subchapter, this chapter is applicable to any guardianship established under this subchapter.

(h) (1) Upon petition by the Department of Human Services, a court may direct payment from the assets of the ward for services rendered or goods purchased by or for the ward during the course of the guardianship. (2) Notwithstanding the requirement of § 28-51-303(b)(2)(A) , the court may allow the sale of a ward's property at public auction for less than three-fourths (¾) of the appraised value.

(1) Upon petition by the Department of Human Services, a court may direct payment from the assets of the ward for services rendered or goods purchased by or for the ward during the course of the guardianship.

(2) Notwithstanding the requirement of § 28-51-303(b)(2)(A) , the court may allow the sale of a ward's property at public auction for less than three-fourths (¾) of the appraised value.

Amended by Act 2015, No. 1203,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 582,§ 1, eff. 8/16/2013.

Acts 2007, No. 862, § 4.
Ark. Code Ann. § 28-2-209 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-209
Disclaimer of power of appointment or other power not held in fiduciary capacity
Status: in_force

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power. (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. Acts 2003, No. 610, § 9.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

Acts 2003, No. 610, § 9.
Ark. Code Ann. § 28-52-109 — AR Code / Title 28 / Chapter 52 / Section 28-52-109
Order settling account
Status: in_force

(a) Upon the approval of the account of a personal representative, the personal representative and his or her sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his or her trust during the accounting period, including the investment of the assets of the estate. (b) The court may disapprove the account in whole or in part and surcharge the personal representative for any loss caused by any breach of duty. Acts 1949, No. 140, § 156; A.S.A. 1947, § 62-2810.

(a) Upon the approval of the account of a personal representative, the personal representative and his or her sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his or her trust during the accounting period, including the investment of the assets of the estate.

(b) The court may disapprove the account in whole or in part and surcharge the personal representative for any loss caused by any breach of duty.

Acts 1949, No. 140, § 156; A.S.A. 1947, § 62-2810.
Ark. Code Ann. § 28-65-203 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-203
Qualifications of guardian
Status: in_force

(a) (1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is: (A) A resident of this state; (B) At least eighteen (18) years of age; (C) Of sound mind; and (D) Subject to the limitations in subdivision (a)(2) of this section, either: (i) Not a convicted and unpardoned felon; or (ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order. (2) Subject to the requirements in subdivision (a)(1) of this section, a convicted and unpardoned felon may: (A) Be the guardian of the person for an adult; (B) Be the guardian of the person for a minor who is not subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon is a relative or fictive kin as defined in § 9-28-402 ; (C) Be the guardian of the person for a minor who is subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon qualifies for guardianship under subsection (b) of this section; and (D) Not be the guardian of the estate for any person. (3) If a convicted and unpardoned felon fails to file a report or accounting required under this subchapter or by the court, the court shall set a hearing for the convicted and unpardoned felon to show cause as to why the guardianship should not be terminated. (b) However, notwithstanding subsection (a) of this section, a natural person who is a resident of this state, eighteen (18) years of age or older, of sound mind, and a convicted and unpardoned felon whose home has been opened under § 9-28-409 either as a foster home or as an adoptive home is qualified to be a guardian of the person or estate of a minor in the custody of the Department of Human Services. (c) Any charitable organization or humane society incorporated under the laws of this state is qualified for appointment as guardian of the person and estate of a minor: (1) When the major portion of the support of the minor is being supplied or administered by the organization; (2) When the court finds that: (A) The minor has been abandoned by his or her parents; or (B) The minor's parents are incapacitated or unfit for the duties of guardianship; or (3) If no other suitable person can be found who is able and willing to assume the duties of guardianship. (d) (1) A parent under eighteen (18) years of age is qualified for appointment as guardian of the person of his or her child. (2) If the department consents, the department is qualified for appointment as guardian of the estate of a minor when the minor is in the custody of the department. (e) (1) A corporation authorized to do business in this state and properly empowered by its charter to become guardian is qualified to serve as guardian of the estate of an incapacitated person. (2) A bank or similar institution with trust powers may be appointed guardian of the estate of an incapacitated person. (f) (1) A nonresident natural person possessing the qualifications enumerated in this section, except as to residence, who has appointed a resident agent to accept service of process in any action or suit with respect to the guardianship and has caused the appointment to be filed with the court, whether or not he or she has been nominated by the will of the last surviving parent of a minor resident of this state to be appointed as guardian of the minor, is qualified for the appointment. (2) However, unless nominated by will, bond may not be dispensed with. (g) A person whom the court finds to be unsuitable to perform the duties incident to the appointment shall not be appointed guardian of the person or estate of an incapacitated person. (h) A sheriff, probate clerk of a circuit court, or deputy of either, or a circuit judge, shall not be appointed guardian of the person or estate of an incapacitated person unless the incapacitated person is related to him or her within the third degree of consanguinity. (i) (1) Except as provided in subdivision (i)(4) of this section, a public agency or employee of any public agency acting in his or her official capacity shall not be appointed as guardian for any incapacitated person. (2) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed guardian of the person or estate of the incapacitated person. (3) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed as a temporary guardian. (4) Notwithstanding any other provision of law, the Public Guardian for Adults may serve as guardian of the person or the estate, or both, of an incapacitated person receiving services from any public agency. (5) The department shall promulgate rules to implement this provision. (j) A person may be appointed temporary guardian of an incapacitated person notwithstanding the provisions of subsection (h) or subsection (k) of this section if he or she is related to the incapacitated person within the third degree of consanguinity and the court determines that any potential conflict of interest is unsubstantial and that the appointment is in the best interest of the ward. (k) A circuit court of this state shall not appoint a person or institution as the permanent custodian or permanent guardian of the person or estate of an adult in the custody of the department unless: (1) The department has evaluated the prospective guardian under the department's authority under § 9-20-122 and promulgated department policy; or (2) The department has evaluated the prospective custodian under the department's authority under § 9-20-122 and promulgated department policy. (l) (1) A circuit court of this state shall not appoint an unrelated person, a related person that is not related within the fifth degree of consanguinity, or an institution as a permanent custodian or permanent guardian of the person or estate of an adopted juvenile unless at least twenty (20) days before the hearing the prospective guardian files a written home study that has been conducted by a licensed certified social worker. (2) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective guardian and all household members eighteen (18) years of age and older. (B) If a prospective guardian has lived in another state for at least six (6) years immediately prior to guardianship, then only a state-of-residence criminal background check is required. (C) The home study shall address whether the home is a suitable home and shall include a recommendation as to the approval of the petitioner as a guardian. (D) The home study shall contain an evaluation of the guardian with a recommendation as to the granting of the petition for guardianship and any other information the court requires regarding the petitioner or the person. (m) The department shall not be ordered by any court to conduct a guardianship home study unless: (1) The court has first determined the responsible party to be indigent; and (2) The person to be studied lives in the State of Arkansas. Amended by Act 2019, No. 833,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1018,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1137,§ 2, eff. 8/16/2013. Acts 1985, No. 940, § 8; A.S.A. 1947, § 57-827; Acts 1993, No. 416, § 1; 2003, No. 1185, § 280; 2007, No. 862, § 3; 2009, No. 301, § 2; 2011, No. 1027, § 2.

(a) (1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is: (A) A resident of this state; (B) At least eighteen (18) years of age; (C) Of sound mind; and (D) Subject to the limitations in subdivision (a)(2) of this section, either: (i) Not a convicted and unpardoned felon; or (ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order. (2) Subject to the requirements in subdivision (a)(1) of this section, a convicted and unpardoned felon may: (A) Be the guardian of the person for an adult; (B) Be the guardian of the person for a minor who is not subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon is a relative or fictive kin as defined in § 9-28-402 ; (C) Be the guardian of the person for a minor who is subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon qualifies for guardianship under subsection (b) of this section; and (D) Not be the guardian of the estate for any person. (3) If a convicted and unpardoned felon fails to file a report or accounting required under this subchapter or by the court, the court shall set a hearing for the convicted and unpardoned felon to show cause as to why the guardianship should not be terminated.

(1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is: (A) A resident of this state; (B) At least eighteen (18) years of age; (C) Of sound mind; and (D) Subject to the limitations in subdivision (a)(2) of this section, either: (i) Not a convicted and unpardoned felon; or (ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order.

(A) A resident of this state;

(B) At least eighteen (18) years of age;

(C) Of sound mind; and

(D) Subject to the limitations in subdivision (a)(2) of this section, either: (i) Not a convicted and unpardoned felon; or (ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order.

(i) Not a convicted and unpardoned felon; or

(ii) A convicted and unpardoned felon who has disclosed his or her prior felony conviction and for whom the court has entered written findings stating that, notwithstanding the felony conviction, he or she is otherwise qualified after reviewing a certified copy of the sentencing order.

(2) Subject to the requirements in subdivision (a)(1) of this section, a convicted and unpardoned felon may: (A) Be the guardian of the person for an adult; (B) Be the guardian of the person for a minor who is not subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon is a relative or fictive kin as defined in § 9-28-402 ; (C) Be the guardian of the person for a minor who is subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon qualifies for guardianship under subsection (b) of this section; and (D) Not be the guardian of the estate for any person.

(A) Be the guardian of the person for an adult;

(B) Be the guardian of the person for a minor who is not subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon is a relative or fictive kin as defined in § 9-28-402 ;

(C) Be the guardian of the person for a minor who is subject to a dependency-neglect proceeding under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., if the convicted and unpardoned felon qualifies for guardianship under subsection (b) of this section; and

(D) Not be the guardian of the estate for any person.

(3) If a convicted and unpardoned felon fails to file a report or accounting required under this subchapter or by the court, the court shall set a hearing for the convicted and unpardoned felon to show cause as to why the guardianship should not be terminated.

(b) However, notwithstanding subsection (a) of this section, a natural person who is a resident of this state, eighteen (18) years of age or older, of sound mind, and a convicted and unpardoned felon whose home has been opened under § 9-28-409 either as a foster home or as an adoptive home is qualified to be a guardian of the person or estate of a minor in the custody of the Department of Human Services.

(c) Any charitable organization or humane society incorporated under the laws of this state is qualified for appointment as guardian of the person and estate of a minor: (1) When the major portion of the support of the minor is being supplied or administered by the organization; (2) When the court finds that: (A) The minor has been abandoned by his or her parents; or (B) The minor's parents are incapacitated or unfit for the duties of guardianship; or (3) If no other suitable person can be found who is able and willing to assume the duties of guardianship.

(1) When the major portion of the support of the minor is being supplied or administered by the organization;

(2) When the court finds that: (A) The minor has been abandoned by his or her parents; or (B) The minor's parents are incapacitated or unfit for the duties of guardianship; or

(A) The minor has been abandoned by his or her parents; or

(B) The minor's parents are incapacitated or unfit for the duties of guardianship; or

(3) If no other suitable person can be found who is able and willing to assume the duties of guardianship.

(d) (1) A parent under eighteen (18) years of age is qualified for appointment as guardian of the person of his or her child. (2) If the department consents, the department is qualified for appointment as guardian of the estate of a minor when the minor is in the custody of the department.

(1) A parent under eighteen (18) years of age is qualified for appointment as guardian of the person of his or her child.

(2) If the department consents, the department is qualified for appointment as guardian of the estate of a minor when the minor is in the custody of the department.

(e) (1) A corporation authorized to do business in this state and properly empowered by its charter to become guardian is qualified to serve as guardian of the estate of an incapacitated person. (2) A bank or similar institution with trust powers may be appointed guardian of the estate of an incapacitated person.

(1) A corporation authorized to do business in this state and properly empowered by its charter to become guardian is qualified to serve as guardian of the estate of an incapacitated person.

(2) A bank or similar institution with trust powers may be appointed guardian of the estate of an incapacitated person.

(f) (1) A nonresident natural person possessing the qualifications enumerated in this section, except as to residence, who has appointed a resident agent to accept service of process in any action or suit with respect to the guardianship and has caused the appointment to be filed with the court, whether or not he or she has been nominated by the will of the last surviving parent of a minor resident of this state to be appointed as guardian of the minor, is qualified for the appointment. (2) However, unless nominated by will, bond may not be dispensed with.

(1) A nonresident natural person possessing the qualifications enumerated in this section, except as to residence, who has appointed a resident agent to accept service of process in any action or suit with respect to the guardianship and has caused the appointment to be filed with the court, whether or not he or she has been nominated by the will of the last surviving parent of a minor resident of this state to be appointed as guardian of the minor, is qualified for the appointment.

(2) However, unless nominated by will, bond may not be dispensed with.

(g) A person whom the court finds to be unsuitable to perform the duties incident to the appointment shall not be appointed guardian of the person or estate of an incapacitated person.

(h) A sheriff, probate clerk of a circuit court, or deputy of either, or a circuit judge, shall not be appointed guardian of the person or estate of an incapacitated person unless the incapacitated person is related to him or her within the third degree of consanguinity.

(i) (1) Except as provided in subdivision (i)(4) of this section, a public agency or employee of any public agency acting in his or her official capacity shall not be appointed as guardian for any incapacitated person. (2) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed guardian of the person or estate of the incapacitated person. (3) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed as a temporary guardian. (4) Notwithstanding any other provision of law, the Public Guardian for Adults may serve as guardian of the person or the estate, or both, of an incapacitated person receiving services from any public agency. (5) The department shall promulgate rules to implement this provision.

(1) Except as provided in subdivision (i)(4) of this section, a public agency or employee of any public agency acting in his or her official capacity shall not be appointed as guardian for any incapacitated person.

(2) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed guardian of the person or estate of the incapacitated person.

(3) An employee of a public agency that provides direct services to the incapacitated person shall not be appointed as a temporary guardian.

(4) Notwithstanding any other provision of law, the Public Guardian for Adults may serve as guardian of the person or the estate, or both, of an incapacitated person receiving services from any public agency.

(5) The department shall promulgate rules to implement this provision.

(j) A person may be appointed temporary guardian of an incapacitated person notwithstanding the provisions of subsection (h) or subsection (k) of this section if he or she is related to the incapacitated person within the third degree of consanguinity and the court determines that any potential conflict of interest is unsubstantial and that the appointment is in the best interest of the ward.

(k) A circuit court of this state shall not appoint a person or institution as the permanent custodian or permanent guardian of the person or estate of an adult in the custody of the department unless: (1) The department has evaluated the prospective guardian under the department's authority under § 9-20-122 and promulgated department policy; or (2) The department has evaluated the prospective custodian under the department's authority under § 9-20-122 and promulgated department policy.

(1) The department has evaluated the prospective guardian under the department's authority under § 9-20-122 and promulgated department policy; or

(2) The department has evaluated the prospective custodian under the department's authority under § 9-20-122 and promulgated department policy.

(l) (1) A circuit court of this state shall not appoint an unrelated person, a related person that is not related within the fifth degree of consanguinity, or an institution as a permanent custodian or permanent guardian of the person or estate of an adopted juvenile unless at least twenty (20) days before the hearing the prospective guardian files a written home study that has been conducted by a licensed certified social worker. (2) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective guardian and all household members eighteen (18) years of age and older. (B) If a prospective guardian has lived in another state for at least six (6) years immediately prior to guardianship, then only a state-of-residence criminal background check is required. (C) The home study shall address whether the home is a suitable home and shall include a recommendation as to the approval of the petitioner as a guardian. (D) The home study shall contain an evaluation of the guardian with a recommendation as to the granting of the petition for guardianship and any other information the court requires regarding the petitioner or the person.

(1) A circuit court of this state shall not appoint an unrelated person, a related person that is not related within the fifth degree of consanguinity, or an institution as a permanent custodian or permanent guardian of the person or estate of an adopted juvenile unless at least twenty (20) days before the hearing the prospective guardian files a written home study that has been conducted by a licensed certified social worker.

(2) (A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective guardian and all household members eighteen (18) years of age and older. (B) If a prospective guardian has lived in another state for at least six (6) years immediately prior to guardianship, then only a state-of-residence criminal background check is required. (C) The home study shall address whether the home is a suitable home and shall include a recommendation as to the approval of the petitioner as a guardian. (D) The home study shall contain an evaluation of the guardian with a recommendation as to the granting of the petition for guardianship and any other information the court requires regarding the petitioner or the person.

(A) The home study shall include a state-of-residence criminal background check, if available, and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation on the prospective guardian and all household members eighteen (18) years of age and older.

(B) If a prospective guardian has lived in another state for at least six (6) years immediately prior to guardianship, then only a state-of-residence criminal background check is required.

(C) The home study shall address whether the home is a suitable home and shall include a recommendation as to the approval of the petitioner as a guardian.

(D) The home study shall contain an evaluation of the guardian with a recommendation as to the granting of the petition for guardianship and any other information the court requires regarding the petitioner or the person.

(m) The department shall not be ordered by any court to conduct a guardianship home study unless: (1) The court has first determined the responsible party to be indigent; and (2) The person to be studied lives in the State of Arkansas.

(1) The court has first determined the responsible party to be indigent; and

(2) The person to be studied lives in the State of Arkansas.

Amended by Act 2019, No. 833,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1018,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1137,§ 2, eff. 8/16/2013.

Acts 1985, No. 940, § 8; A.S.A. 1947, § 57-827; Acts 1993, No. 416, § 1; 2003, No. 1185, § 280; 2007, No. 862, § 3; 2009, No. 301, § 2; 2011, No. 1027, § 2.
Ark. Code Ann. § 28-53-109 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-109
Determination of advancements
Status: in_force

(a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs. (b) The amount of every advancement shall be specified in the order of final distribution. Acts 1949, No. 140, § 164; A.S.A. 1947, § 62-2905.

(a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs.

(b) The amount of every advancement shall be specified in the order of final distribution.

Acts 1949, No. 140, § 164; A.S.A. 1947, § 62-2905.
Ark. Code Ann. § 28-69-808 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-808
Application to existing institutional funds
Status: in_force

This subchapter applies to institutional funds existing on or established after the effective date of this subchapter. As applied to institutional funds existing on the effective date of this subchapter this subchapter governs only decisions made or actions taken on or after that date. Acts 2009, No. 262, § 1.

This subchapter applies to institutional funds existing on or established after the effective date of this subchapter. As applied to institutional funds existing on the effective date of this subchapter this subchapter governs only decisions made or actions taken on or after that date.

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-77-503 — AR Code / Title 28 / Chapter 77 / Subchapter 5 / Section 28-77-503
Transfer from income to principal for depreciation
Status: in_force

(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year. (b) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (1) of the part of real property used or available for use by a beneficiary as a residence; (2) of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or (3) under this section, to the extent the fiduciary accounts: (A) under § 28-77-410 for the asset; or (B) under § 28-77-403 for the business or other activity in which the asset is used. (c) An amount transferred to principal under this section need not be separately held. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.

(b) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation: (1) of the part of real property used or available for use by a beneficiary as a residence; (2) of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or (3) under this section, to the extent the fiduciary accounts: (A) under § 28-77-410 for the asset; or (B) under § 28-77-403 for the business or other activity in which the asset is used.

(1) of the part of real property used or available for use by a beneficiary as a residence;

(2) of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or

(3) under this section, to the extent the fiduciary accounts: (A) under § 28-77-410 for the asset; or (B) under § 28-77-403 for the business or other activity in which the asset is used.

(A) under § 28-77-410 for the asset; or

(B) under § 28-77-403 for the business or other activity in which the asset is used.

(c) An amount transferred to principal under this section need not be separately held.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-40-111 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-111
Notice of appointment of personal representative
Status: in_force

(a) (1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate. (B) Claims for injury or death caused by the negligence of the decedent shall also be filed within six (6) months from the date of first publication of the notice, or they shall be forever barred and precluded any benefit in the estate. (2) The notice shall state the mailing address of the personal representative. (3) If a will of the decedent has been probated, the notice shall also state the date of admission of the will to probate and that a contest of the order of probate can be effected only by filing a petition within the time provided by law. (4) (A) Within one (1) month after the first publication of the notice, a copy of the notice shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known to or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could reasonably be ascertained that the department has rendered services to the decedent, in accordance with § 28-1-112(b)(1) , § 28-1-112(b)(2) , or § 28-1-112(b)(3) . (B) (i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203. (ii) A copy of the petition for probate of a will or administration of an estate and the decedent's social security number shall be attached to the notice served upon the department. (C) (i) If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notice shall be promptly served upon them. (ii) The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative shall be upon the creditor claiming entitlement to such actual notice. (b) When a will is to be probated without an administration of the estate, the notice shall be published by the proponents of the will and shall state the mailing address of each of the one (1) or more proponents and the name and address of the attorney for the proponents. (c) The notice shall be in substantially the following form: "In the Circuit Court of ...............County, Arkansas In the Matter of the Estate of ..............., Deceased. No............... Last known address ............... Date of death ............... (1) (To be used where no will.) The undersigned was appointed administrator of the estate of the above decedent on the ............... day of ..............., 20............... (2) (To be used when a will is probated and a personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent and the undersigned has been appointed executor (or administrator) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law. (3) (To be used when a will is probated but no personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent. Contest of the probate of the will can be effected only by filing within the time provided by law a petition for an order revoking or modifying the order admitting the will to probate, and delivering a copy of such petition to the undersigned proponent(s) or the undersigned attorney for the proponent(s) at his (their) address hereunder shown. (4) (To be used in cases where a personal representative is appointed.) All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published ..............., 20............... ............... (Administrator, Executor, Proponent, or Petitioner) ............... (Mail Address)" (d) (1) Publication of the notice shall be as provided in § 28-1-112(b)(4) unless the value of the estate to be administered upon does not exceed one thousand dollars ($1,000), exclusive of homestead, in which event publication may be given by posting notice in the courthouse at a conspicuous place near a principal entrance for a period of three (3) weeks. (2) In addition, the court may by general rule, or by special order in a particular case, require that notice shall be given by ordinary mail to all persons whose names and addresses appear in the petition. Acts 1949, No. 140, § 50; 1953, No. 32, § 1; 1967, No. 287, § 1; 1985, No. 1007, § 1; A.S.A. 1947, § 62-2111; Acts 1987 (1st Ex. Sess.), No. 16, § 1; 1989, No. 929, § 2 [1]; 1989 (3rd Ex. Sess.), No. 59, § 1; 1993, No. 415, § 2; 2009, No. 217, § 1.

(a) (1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate. (B) Claims for injury or death caused by the negligence of the decedent shall also be filed within six (6) months from the date of first publication of the notice, or they shall be forever barred and precluded any benefit in the estate. (2) The notice shall state the mailing address of the personal representative. (3) If a will of the decedent has been probated, the notice shall also state the date of admission of the will to probate and that a contest of the order of probate can be effected only by filing a petition within the time provided by law. (4) (A) Within one (1) month after the first publication of the notice, a copy of the notice shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known to or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could reasonably be ascertained that the department has rendered services to the decedent, in accordance with § 28-1-112(b)(1) , § 28-1-112(b)(2) , or § 28-1-112(b)(3) . (B) (i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203. (ii) A copy of the petition for probate of a will or administration of an estate and the decedent's social security number shall be attached to the notice served upon the department. (C) (i) If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notice shall be promptly served upon them. (ii) The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative shall be upon the creditor claiming entitlement to such actual notice.

(1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate. (B) Claims for injury or death caused by the negligence of the decedent shall also be filed within six (6) months from the date of first publication of the notice, or they shall be forever barred and precluded any benefit in the estate.

(A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate.

(B) Claims for injury or death caused by the negligence of the decedent shall also be filed within six (6) months from the date of first publication of the notice, or they shall be forever barred and precluded any benefit in the estate.

(2) The notice shall state the mailing address of the personal representative.

(3) If a will of the decedent has been probated, the notice shall also state the date of admission of the will to probate and that a contest of the order of probate can be effected only by filing a petition within the time provided by law.

(4) (A) Within one (1) month after the first publication of the notice, a copy of the notice shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known to or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could reasonably be ascertained that the department has rendered services to the decedent, in accordance with § 28-1-112(b)(1) , § 28-1-112(b)(2) , or § 28-1-112(b)(3) . (B) (i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203. (ii) A copy of the petition for probate of a will or administration of an estate and the decedent's social security number shall be attached to the notice served upon the department. (C) (i) If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notice shall be promptly served upon them. (ii) The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative shall be upon the creditor claiming entitlement to such actual notice.

(A) Within one (1) month after the first publication of the notice, a copy of the notice shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known to or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could reasonably be ascertained that the department has rendered services to the decedent, in accordance with § 28-1-112(b)(1) , § 28-1-112(b)(2) , or § 28-1-112(b)(3) .

(B) (i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203. (ii) A copy of the petition for probate of a will or administration of an estate and the decedent's social security number shall be attached to the notice served upon the department.

(i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203.

(ii) A copy of the petition for probate of a will or administration of an estate and the decedent's social security number shall be attached to the notice served upon the department.

(C) (i) If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notice shall be promptly served upon them. (ii) The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative shall be upon the creditor claiming entitlement to such actual notice.

(i) If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notice shall be promptly served upon them.

(ii) The burden of proof on any issue as to whether a creditor was known to or reasonably ascertainable by the personal representative shall be upon the creditor claiming entitlement to such actual notice.

(b) When a will is to be probated without an administration of the estate, the notice shall be published by the proponents of the will and shall state the mailing address of each of the one (1) or more proponents and the name and address of the attorney for the proponents.

(c) The notice shall be in substantially the following form: "In the Circuit Court of ...............County, Arkansas In the Matter of the Estate of ..............., Deceased. No............... Last known address ............... Date of death ............... (1) (To be used where no will.) The undersigned was appointed administrator of the estate of the above decedent on the ............... day of ..............., 20............... (2) (To be used when a will is probated and a personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent and the undersigned has been appointed executor (or administrator) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law. (3) (To be used when a will is probated but no personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent. Contest of the probate of the will can be effected only by filing within the time provided by law a petition for an order revoking or modifying the order admitting the will to probate, and delivering a copy of such petition to the undersigned proponent(s) or the undersigned attorney for the proponent(s) at his (their) address hereunder shown. (4) (To be used in cases where a personal representative is appointed.) All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published ..............., 20............... ............... (Administrator, Executor, Proponent, or Petitioner) ............... (Mail Address)"

"In the Circuit Court of ...............County, Arkansas

In the Matter of the Estate of ..............., Deceased. No...............

Last known address ...............

Date of death ...............

(1) (To be used where no will.) The undersigned was appointed administrator of the estate of the above decedent on the ............... day of ..............., 20...............

The undersigned was appointed administrator of the estate of the above decedent on the ............... day of ..............., 20...............

(2) (To be used when a will is probated and a personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent and the undersigned has been appointed executor (or administrator) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law.

An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent and the undersigned has been appointed executor (or administrator) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law.

(3) (To be used when a will is probated but no personal representative appointed.) An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent. Contest of the probate of the will can be effected only by filing within the time provided by law a petition for an order revoking or modifying the order admitting the will to probate, and delivering a copy of such petition to the undersigned proponent(s) or the undersigned attorney for the proponent(s) at his (their) address hereunder shown.

An instrument dated ...............was on the ...............day of ..............., 20..............., admitted to probate as the last will of the above named decedent. Contest of the probate of the will can be effected only by filing within the time provided by law a petition for an order revoking or modifying the order admitting the will to probate, and delivering a copy of such petition to the undersigned proponent(s) or the undersigned attorney for the proponent(s) at his (their) address hereunder shown.

(4) (To be used in cases where a personal representative is appointed.) All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published ..............., 20............... ............... (Administrator, Executor, Proponent, or Petitioner) ............... (Mail Address)"

All persons having claims against the estate must exhibit them, duly verified, to the undersigned within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate.

This notice first published ..............., 20...............

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

(Administrator, Executor, Proponent, or Petitioner)

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

(Mail Address)"

(d) (1) Publication of the notice shall be as provided in § 28-1-112(b)(4) unless the value of the estate to be administered upon does not exceed one thousand dollars ($1,000), exclusive of homestead, in which event publication may be given by posting notice in the courthouse at a conspicuous place near a principal entrance for a period of three (3) weeks. (2) In addition, the court may by general rule, or by special order in a particular case, require that notice shall be given by ordinary mail to all persons whose names and addresses appear in the petition.

(1) Publication of the notice shall be as provided in § 28-1-112(b)(4) unless the value of the estate to be administered upon does not exceed one thousand dollars ($1,000), exclusive of homestead, in which event publication may be given by posting notice in the courthouse at a conspicuous place near a principal entrance for a period of three (3) weeks.

(2) In addition, the court may by general rule, or by special order in a particular case, require that notice shall be given by ordinary mail to all persons whose names and addresses appear in the petition.

Acts 1949, No. 140, § 50; 1953, No. 32, § 1; 1967, No. 287, § 1; 1985, No. 1007, § 1; A.S.A. 1947, § 62-2111; Acts 1987 (1st Ex. Sess.), No. 16, § 1; 1989, No. 929, § 2 [1]; 1989 (3rd Ex. Sess.), No. 59, § 1; 1993, No. 415, § 2; 2009, No. 217, § 1.
Ark. Code Ann. § 28-66-105 — AR Code / Title 28 / Chapter 66 / Section 28-66-105
Appointment of guardians
Status: in_force

(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty (30) days after the mailing of notice by the Veterans' Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state. (2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans' Administration and shall set forth the amount of moneys then due and the amount of probable future payments. (3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward. (4) In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing the Veterans' Administration. Acts 1943, No. 177, § 5; A.S.A. 1947, § 57-505.

(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty (30) days after the mailing of notice by the Veterans' Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.

(2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans' Administration and shall set forth the amount of moneys then due and the amount of probable future payments.

(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.

Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.

(4) In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing the Veterans' Administration.

Acts 1943, No. 177, § 5; A.S.A. 1947, § 57-505.
Ark. Code Ann. § 28-74-204 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-204
Special jurisdiction
Status: in_force

(a) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tangible personal property located in this state; (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 28-74-301 . (b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. (c) (1) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction regarding maltreated adults, as defined under § 9-20-103 , when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, § 9-20-101 et seq. (2) Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter. Acts 2011, No. 159, § 1.

(a) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tangible personal property located in this state; (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 28-74-301 .

(1) appoint a guardian in an emergency for a term not exceeding ninety (90) days for a respondent who is physically present in this state;

(2) issue a protective order with respect to real or tangible personal property located in this state;

(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 28-74-301 .

(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(c) (1) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction regarding maltreated adults, as defined under § 9-20-103 , when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, § 9-20-101 et seq. (2) Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter.

(1) A court of this state lacking jurisdiction under § 28-74-203(1) -(3) has special jurisdiction regarding maltreated adults, as defined under § 9-20-103 , when the maltreated adult is present in Arkansas or the maltreatment occurred in Arkansas and the Department of Human Services takes emergency custody of the maltreated adult or files a petition under the Adult Custody Maltreatment Act, § 9-20-101 et seq.

(2) Special jurisdiction shall continue, and any orders issued shall remain in effect until an order is obtained from a court of a state having jurisdiction over the maltreatment matter.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-40-303 — AR Code / Title 28 / Chapter 40 / Subchapter 3 / Section 28-40-303
Record of decree
Status: in_force

(a) Upon a lost or destroyed will's being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed. (b) Letters testamentary or of administration, with the will annexed, shall be issued thereon by the clerk in the same manner as upon a will duly proved before him or her. Rev. Stat., ch. 157, § 49; C. & M. Dig., § 10543; Pope's Dig., § 14561; A.S.A. 1947, § 60-302.

(a) Upon a lost or destroyed will's being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed.

(b) Letters testamentary or of administration, with the will annexed, shall be issued thereon by the clerk in the same manner as upon a will duly proved before him or her.

Rev. Stat., ch. 157, § 49; C. & M. Dig., § 10543; Pope's Dig., § 14561; A.S.A. 1947, § 60-302.
Ark. Code Ann. § 28-39-204 — AR Code / Title 28 / Chapter 39 / Subchapter 2 / Section 28-39-204
Sale of homestead exceeding value limitations
Status: in_force

(a) Whenever it shall be made to appear to the satisfaction of the court having probate jurisdiction, by the appraisal of the commissioners provided for in this chapter, that the lot exceeds in value the sum of two thousand five hundred dollars ($2,500), it shall be the duty of the court to order the lot to be sold by the sheriff of the county, at public auction to the highest bidders, for cash in hand, within sixty (60) days after the making of the order, and, upon thirty (30) days' advertisement of the sale and actual written notice served upon the surviving spouse and children, as to the time, place, and terms of the sale. (b) (1) It shall be the duty of the sheriff, should the lot bring more than two thousand five hundred dollars ($2,500), to pay over immediately the excess to the administrator or executor of the estate of the deceased and to hold the two thousand five hundred dollars ($2,500), subject to the order of the court or the judge, either in term time or in vacation, as the case may be. (2) It shall be the duty of the court to require a full and particular account of the action of the sheriff in the premises, which shall be filed with the clerk of the court within ten (10) days after the sale. (3) At any time after the filing of the statement, the court or judge shall make an order allowing the surviving spouse or children, as the case may be, to select a homestead in any part of the state, which is to be paid for under the direction and supervision of the court, or judge in vacation. (c) If the lot does not bring more than the sum of two thousand five hundred dollars ($2,500), it shall not be again offered for sale, but shall thereafter constitute the homestead of the surviving spouse or children. Acts 1873, No. 105, § 5, p. 244; C. & M. Dig., §§ 5530-5534; Pope's Dig., §§ 7169-7173; Acts 1981, No. 714, §§ 45, 46; A.S.A. 1947, §§ 62-605, 62-606.

(a) Whenever it shall be made to appear to the satisfaction of the court having probate jurisdiction, by the appraisal of the commissioners provided for in this chapter, that the lot exceeds in value the sum of two thousand five hundred dollars ($2,500), it shall be the duty of the court to order the lot to be sold by the sheriff of the county, at public auction to the highest bidders, for cash in hand, within sixty (60) days after the making of the order, and, upon thirty (30) days' advertisement of the sale and actual written notice served upon the surviving spouse and children, as to the time, place, and terms of the sale.

(b) (1) It shall be the duty of the sheriff, should the lot bring more than two thousand five hundred dollars ($2,500), to pay over immediately the excess to the administrator or executor of the estate of the deceased and to hold the two thousand five hundred dollars ($2,500), subject to the order of the court or the judge, either in term time or in vacation, as the case may be. (2) It shall be the duty of the court to require a full and particular account of the action of the sheriff in the premises, which shall be filed with the clerk of the court within ten (10) days after the sale. (3) At any time after the filing of the statement, the court or judge shall make an order allowing the surviving spouse or children, as the case may be, to select a homestead in any part of the state, which is to be paid for under the direction and supervision of the court, or judge in vacation.

(1) It shall be the duty of the sheriff, should the lot bring more than two thousand five hundred dollars ($2,500), to pay over immediately the excess to the administrator or executor of the estate of the deceased and to hold the two thousand five hundred dollars ($2,500), subject to the order of the court or the judge, either in term time or in vacation, as the case may be.

(2) It shall be the duty of the court to require a full and particular account of the action of the sheriff in the premises, which shall be filed with the clerk of the court within ten (10) days after the sale.

(3) At any time after the filing of the statement, the court or judge shall make an order allowing the surviving spouse or children, as the case may be, to select a homestead in any part of the state, which is to be paid for under the direction and supervision of the court, or judge in vacation.

(c) If the lot does not bring more than the sum of two thousand five hundred dollars ($2,500), it shall not be again offered for sale, but shall thereafter constitute the homestead of the surviving spouse or children.

Acts 1873, No. 105, § 5, p. 244; C. & M. Dig., §§ 5530-5534; Pope's Dig., §§ 7169-7173; Acts 1981, No. 714, §§ 45, 46; A.S.A. 1947, §§ 62-605, 62-606.
Ark. Code Ann. § 28-73-415 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-415
Reformation to correct mistakes
Status: in_force

A court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. Acts 2005, No. 1031, § 1.

A court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-1012 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1012
Protection of person dealing with trustee
Status: in_force

(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power. (b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise. (c) A person who in good faith delivers assets to a trustee need not ensure their proper application. (d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. (e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. Acts 2005, No. 1031, § 1.

(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.

(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.

(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.

(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-74-403 — AR Code / Title 28 / Chapter 74 / Subchapter 4 / Section 28-74-403
Effect of registration
Status: in_force

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order. Acts 2011, No. 159, § 1.

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-65-206 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-206
Single guardianship for two or more incapacitated persons
Status: in_force

When an application is made for the appointment of a guardian for two (2) or more incapacitated persons who are children of a common parent, or are parent and child or are husband and wife, it shall not be necessary that a separate petition, bond, or other paper be filed for each incompetent, and the guardianship of all may be considered as one (1) proceeding except that the guardian shall maintain and file separate accounts for the estates of each of his or her wards. Acts 1985, No. 940, § 11; A.S.A. 1947, § 57-830.

When an application is made for the appointment of a guardian for two (2) or more incapacitated persons who are children of a common parent, or are parent and child or are husband and wife, it shall not be necessary that a separate petition, bond, or other paper be filed for each incompetent, and the guardianship of all may be considered as one (1) proceeding except that the guardian shall maintain and file separate accounts for the estates of each of his or her wards.

Acts 1985, No. 940, § 11; A.S.A. 1947, § 57-830.