Ark. Code Ann. § 28-9-212 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-212
Computing degrees of consanguinity
Status: in_force

(a) (1) In computing the degrees of relationship between any two (2) kinsmen who are not related in a direct line of ascent or descent, it is proper to start with the common ancestor of the kinsmen and count downwards. In whatever degree the kinsmen or the more remote of them is distant from the common ancestor, that is the degree in which they are related to each other. (2) Thus two (2) or more children of a common parent are related to each other in the first degree, because from the common parent to each of the children is counted only one (1) degree. (3) But a person and his or her nephew are related in the second degree, for the nephew is two (2) degrees removed from his grandparent who is the common ancestor. (4) A person and his or her second cousin are related in the third degree, for they are both three (3) degrees removed from the great-grandparent who is their common ancestor. (b) In computing the degrees of relationship between any two (2) kinsmen related in a direct line of ascent or descent, the degree of relationship shall be determined by starting with one (1) of the persons and counting up or down to the other. Thus, a person and his or her: (1) Parent or child are related in the first degree; (2) Grandparent or grandchild are related in the second degree; and (3) Great-grandparent or great-grandchild are related in the third degree. Acts 1969, No. 303, § 14; A.S.A. 1947, § 61-144; Acts 1987, No. 847, § 1.

(a) (1) In computing the degrees of relationship between any two (2) kinsmen who are not related in a direct line of ascent or descent, it is proper to start with the common ancestor of the kinsmen and count downwards. In whatever degree the kinsmen or the more remote of them is distant from the common ancestor, that is the degree in which they are related to each other. (2) Thus two (2) or more children of a common parent are related to each other in the first degree, because from the common parent to each of the children is counted only one (1) degree. (3) But a person and his or her nephew are related in the second degree, for the nephew is two (2) degrees removed from his grandparent who is the common ancestor. (4) A person and his or her second cousin are related in the third degree, for they are both three (3) degrees removed from the great-grandparent who is their common ancestor.

(1) In computing the degrees of relationship between any two (2) kinsmen who are not related in a direct line of ascent or descent, it is proper to start with the common ancestor of the kinsmen and count downwards. In whatever degree the kinsmen or the more remote of them is distant from the common ancestor, that is the degree in which they are related to each other.

(2) Thus two (2) or more children of a common parent are related to each other in the first degree, because from the common parent to each of the children is counted only one (1) degree.

(3) But a person and his or her nephew are related in the second degree, for the nephew is two (2) degrees removed from his grandparent who is the common ancestor.

(4) A person and his or her second cousin are related in the third degree, for they are both three (3) degrees removed from the great-grandparent who is their common ancestor.

(b) In computing the degrees of relationship between any two (2) kinsmen related in a direct line of ascent or descent, the degree of relationship shall be determined by starting with one (1) of the persons and counting up or down to the other. Thus, a person and his or her: (1) Parent or child are related in the first degree; (2) Grandparent or grandchild are related in the second degree; and (3) Great-grandparent or great-grandchild are related in the third degree.

(1) Parent or child are related in the first degree;

(2) Grandparent or grandchild are related in the second degree; and

(3) Great-grandparent or great-grandchild are related in the third degree.

Acts 1969, No. 303, § 14; A.S.A. 1947, § 61-144; Acts 1987, No. 847, § 1.
Ark. Code Ann. § 28-14-110 — AR Code / Title 28 / Chapter 14 / Section 28-14-110
Terms, conditions, and forms for registration
Status: in_force

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions. (b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr. (2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr. (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS. Acts 1993, No. 114, § 10.

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr. (2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr. (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.

(1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.

(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.

(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.

Acts 1993, No. 114, § 10.
Ark. Code Ann. § 28-74-201 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-201
Definitions - Significant connection factors
Status: in_force

(a) In this subchapter: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (b) In determining under §§ 28-74-203 and 28-74-301(e) whether a respondent has a significant connection with a particular state, the court shall consider: (1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) the length of time the respondent at any time was physically present in the state and the duration of any absence; (3) the location of the respondent's property; and (4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. Acts 2011, No. 159, § 1.

(a) In this subchapter: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;

(2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

(3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) In determining under §§ 28-74-203 and 28-74-301(e) whether a respondent has a significant connection with a particular state, the court shall consider: (1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) the length of time the respondent at any time was physically present in the state and the duration of any absence; (3) the location of the respondent's property; and (4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) the location of the respondent's property; and

(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-49-110 — AR Code / Title 28 / Chapter 49 / Section 28-49-110
Inventories
Status: in_force

(a) (1) Except as provided in this section, within two (2) months after his or her qualification or as the court may direct, a personal representative shall file a true and complete inventory of all property owned by the decedent at the time of his or her death, except such interests as terminated by reason of his or her death, describing each item of property in detail and setting out the personal representative's appraisement of the fair market value of the property as of the date of the death of the decedent. (2) The personal representative shall append to the inventory his or her affidavit to the effect that the inventory is complete and accurate to the best of his or her knowledge and belief and that the personal representative was not indebted or obligated to the deceased at the time of his or her death except as stated in the inventory. (b) Errors or omissions in an inventory shall be corrected by supplemental inventory or the next accounting of the personal representative or as the court may direct. (c) (1) The filing of inventory shall not be required if all of the distributees who are competent and the legally appointed, qualified, and acting guardians of the estates of all those incompetent have filed written waiver of inventory, unless the court finds a need for filing the inventory. (2) However, if any person asserts a claim against the estate or claims an interest therein and makes written demand for the filing of an inventory, it shall be filed unless it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging such an interest in the estate has, in fact, no interest therein. (d) Inventories may be introduced in evidence but shall not be conclusive for or against the personal representative or any person interested in the estate. Other evidence may be admitted to vary the effect thereof. Acts 1949, No. 140, §§ 91, 92; 1973, No. 39, § 1; A.S.A. 1947, §§ 62-2301, 62-2302.

(a) (1) Except as provided in this section, within two (2) months after his or her qualification or as the court may direct, a personal representative shall file a true and complete inventory of all property owned by the decedent at the time of his or her death, except such interests as terminated by reason of his or her death, describing each item of property in detail and setting out the personal representative's appraisement of the fair market value of the property as of the date of the death of the decedent. (2) The personal representative shall append to the inventory his or her affidavit to the effect that the inventory is complete and accurate to the best of his or her knowledge and belief and that the personal representative was not indebted or obligated to the deceased at the time of his or her death except as stated in the inventory.

(1) Except as provided in this section, within two (2) months after his or her qualification or as the court may direct, a personal representative shall file a true and complete inventory of all property owned by the decedent at the time of his or her death, except such interests as terminated by reason of his or her death, describing each item of property in detail and setting out the personal representative's appraisement of the fair market value of the property as of the date of the death of the decedent.

(2) The personal representative shall append to the inventory his or her affidavit to the effect that the inventory is complete and accurate to the best of his or her knowledge and belief and that the personal representative was not indebted or obligated to the deceased at the time of his or her death except as stated in the inventory.

(b) Errors or omissions in an inventory shall be corrected by supplemental inventory or the next accounting of the personal representative or as the court may direct.

(c) (1) The filing of inventory shall not be required if all of the distributees who are competent and the legally appointed, qualified, and acting guardians of the estates of all those incompetent have filed written waiver of inventory, unless the court finds a need for filing the inventory. (2) However, if any person asserts a claim against the estate or claims an interest therein and makes written demand for the filing of an inventory, it shall be filed unless it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging such an interest in the estate has, in fact, no interest therein.

(1) The filing of inventory shall not be required if all of the distributees who are competent and the legally appointed, qualified, and acting guardians of the estates of all those incompetent have filed written waiver of inventory, unless the court finds a need for filing the inventory.

(2) However, if any person asserts a claim against the estate or claims an interest therein and makes written demand for the filing of an inventory, it shall be filed unless it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging such an interest in the estate has, in fact, no interest therein.

(d) Inventories may be introduced in evidence but shall not be conclusive for or against the personal representative or any person interested in the estate. Other evidence may be admitted to vary the effect thereof.

Acts 1949, No. 140, §§ 91, 92; 1973, No. 39, § 1; A.S.A. 1947, §§ 62-2301, 62-2302.
Ark. Code Ann. § 28-66-114 — AR Code / Title 28 / Chapter 66 / Section 28-66-114
Maintenance and support
Status: in_force

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse, and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading. Acts 1943, No. 177, § 14; A.S.A. 1947, § 57-514.

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse, and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans' Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.

Acts 1943, No. 177, § 14; A.S.A. 1947, § 57-514.
Ark. Code Ann. § 28-50-108 — AR Code / Title 28 / Chapter 50 / Section 28-50-108
Claims not due
Status: in_force

(a) Upon proof of a claim which will become due at some future time, the amount of which is capable of ascertainment, the court shall allow it at the present value of the claim, and payment may be made as in the case of an absolute claim which has been allowed. (b) However, if the obligation upon which the claim was founded was entered into before July 1, 1949, payment may be made as provided in subsection (a) of this section if the creditor agrees thereto. Otherwise, the court may order the personal representative to retain in his or her hands sufficient funds to satisfy the claim upon maturity, or, if the distributees shall give a bond acceptable to the creditor and approved by the court for the payment of the creditor's claim in accordance with the terms thereof, the court may order the bond to be given in satisfaction of the claim and the estate may be closed. Acts 1949, No. 140, § 117; A.S.A. 1947, § 62-2608.

(a) Upon proof of a claim which will become due at some future time, the amount of which is capable of ascertainment, the court shall allow it at the present value of the claim, and payment may be made as in the case of an absolute claim which has been allowed.

(b) However, if the obligation upon which the claim was founded was entered into before July 1, 1949, payment may be made as provided in subsection (a) of this section if the creditor agrees thereto. Otherwise, the court may order the personal representative to retain in his or her hands sufficient funds to satisfy the claim upon maturity, or, if the distributees shall give a bond acceptable to the creditor and approved by the court for the payment of the creditor's claim in accordance with the terms thereof, the court may order the bond to be given in satisfaction of the claim and the estate may be closed.

Acts 1949, No. 140, § 117; A.S.A. 1947, § 62-2608.
Ark. Code Ann. § 28-72-413 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-413
Declination, resignation, incapacity, death, or removal of custodial trustee - Designation of successor custodial trustee
Status: in_force

(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under § 28-72-403 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to § 28-72-403 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee. (b) A custodial trustee who has accepted the custodial trust property may resign by (i) delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any, and (ii) transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (c). (c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under § 28-72-402(g) or § 28-72-403 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within ninety (90) days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the resigning custodial trustee may designate a successor custodial trustee. (d) If a successor custodial trustee is not designated pursuant to subsection (c), the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee. (e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received. (f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief. Acts 1991, No. 273, § 13.

(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under § 28-72-403 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to § 28-72-403 . In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee.

(b) A custodial trustee who has accepted the custodial trust property may resign by (i) delivering written notice to a successor custodial trustee, if any, the beneficiary, and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any, and (ii) transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (c).

(c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under § 28-72-402(g) or § 28-72-403 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within ninety (90) days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the resigning custodial trustee may designate a successor custodial trustee.

(d) If a successor custodial trustee is not designated pursuant to subsection (c), the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee.

(e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.

(f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.

Acts 1991, No. 273, § 13.
Ark. Code Ann. § 28-68-205 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-205
Tangible personal property
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; (2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property; (3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; (5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (A) insuring against liability or casualty or other loss; (B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (D) moving the property from place to place; (E) storing the property for hire or on a gratuitous bailment; and (F) using and making repairs, alterations, or improvements to the property; and (6) change the form of title of an interest in tangible personal property. Acts 2011, No. 805, § 1.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:

(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;

(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;

(3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;

(5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (A) insuring against liability or casualty or other loss; (B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (D) moving the property from place to place; (E) storing the property for hire or on a gratuitous bailment; and (F) using and making repairs, alterations, or improvements to the property; and

(A) insuring against liability or casualty or other loss;

(B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;

(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;

(D) moving the property from place to place;

(E) storing the property for hire or on a gratuitous bailment; and

(F) using and making repairs, alterations, or improvements to the property; and

(6) change the form of title of an interest in tangible personal property.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-40-106 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-106
Powers of nominated executor prior to appointment
Status: in_force

(a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family of the decedent, may arrange for his or her burial. (b) (1) If the court refuses to admit the proffered will to probate or the person shall not qualify as executor, he or she shall not be liable for his or her acts done in good faith and for which he or she would not be liable had he or she been the lawful executor. (2) However, promptly upon the appointment of a personal representative, the person shall account to the personal representative for steps taken and acts performed by him or her and deliver to the personal representative any assets of the estate which have come into his or her hands. Acts 1949, No. 140, § 43; A.S.A. 1947, § 62-2104.

(a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family of the decedent, may arrange for his or her burial.

(b) (1) If the court refuses to admit the proffered will to probate or the person shall not qualify as executor, he or she shall not be liable for his or her acts done in good faith and for which he or she would not be liable had he or she been the lawful executor. (2) However, promptly upon the appointment of a personal representative, the person shall account to the personal representative for steps taken and acts performed by him or her and deliver to the personal representative any assets of the estate which have come into his or her hands.

(1) If the court refuses to admit the proffered will to probate or the person shall not qualify as executor, he or she shall not be liable for his or her acts done in good faith and for which he or she would not be liable had he or she been the lawful executor.

(2) However, promptly upon the appointment of a personal representative, the person shall account to the personal representative for steps taken and acts performed by him or her and deliver to the personal representative any assets of the estate which have come into his or her hands.

Acts 1949, No. 140, § 43; A.S.A. 1947, § 62-2104.
Ark. Code Ann. § 28-53-116 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-116
Missing or unavailable distributees
Status: in_force

(a) (1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court may order the personal representative to sell the nonliquid assets distributable to the distributee, in the manner authorized by the provisions of the Probate Code for the sale of the property by a personal representative, and to deposit in the registry of the court, by payment to the clerk of the court, the funds distributable to the distributee. The receipt of the clerk of the court for such funds shall constitute a complete acquittance therefor to the personal representative. (2) If it is shown that it is in the best interests of the estate that the whole title to the nonliquid assets be sold, clear of the claim of the missing distributee, rather than only that portion of the assets distributable to the distributee, then the sale may be ordered. (b) (1) The court shall direct, by order, the clerk of the court as to how the funds shall be held in safekeeping and may authorize the clerk to deposit the funds at interest in a designated financial institution, the deposits of which are insured, in whole or in part, by an agency of the United States Government, to the credit of the clerk and his or her successors in office for the use and benefit of the distributee, or to invest the funds, or any part of them, in bonds of the United States or the State of Arkansas. The order shall specify when and under what conditions further orders may be obtained for the ultimate distribution of the fund. (2) Prior to making the order, the court shall investigate the bond of the clerk, and if it is found to be insufficient in amount to protect the funds of the distributee, the court shall designate the county treasurer as the depository of the funds, subject to the provisions of this section with respect to the deposit of the funds with the clerk of the court. Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.

(a) (1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court may order the personal representative to sell the nonliquid assets distributable to the distributee, in the manner authorized by the provisions of the Probate Code for the sale of the property by a personal representative, and to deposit in the registry of the court, by payment to the clerk of the court, the funds distributable to the distributee. The receipt of the clerk of the court for such funds shall constitute a complete acquittance therefor to the personal representative. (2) If it is shown that it is in the best interests of the estate that the whole title to the nonliquid assets be sold, clear of the claim of the missing distributee, rather than only that portion of the assets distributable to the distributee, then the sale may be ordered.

(1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court may order the personal representative to sell the nonliquid assets distributable to the distributee, in the manner authorized by the provisions of the Probate Code for the sale of the property by a personal representative, and to deposit in the registry of the court, by payment to the clerk of the court, the funds distributable to the distributee. The receipt of the clerk of the court for such funds shall constitute a complete acquittance therefor to the personal representative.

(2) If it is shown that it is in the best interests of the estate that the whole title to the nonliquid assets be sold, clear of the claim of the missing distributee, rather than only that portion of the assets distributable to the distributee, then the sale may be ordered.

(b) (1) The court shall direct, by order, the clerk of the court as to how the funds shall be held in safekeeping and may authorize the clerk to deposit the funds at interest in a designated financial institution, the deposits of which are insured, in whole or in part, by an agency of the United States Government, to the credit of the clerk and his or her successors in office for the use and benefit of the distributee, or to invest the funds, or any part of them, in bonds of the United States or the State of Arkansas. The order shall specify when and under what conditions further orders may be obtained for the ultimate distribution of the fund. (2) Prior to making the order, the court shall investigate the bond of the clerk, and if it is found to be insufficient in amount to protect the funds of the distributee, the court shall designate the county treasurer as the depository of the funds, subject to the provisions of this section with respect to the deposit of the funds with the clerk of the court.

(1) The court shall direct, by order, the clerk of the court as to how the funds shall be held in safekeeping and may authorize the clerk to deposit the funds at interest in a designated financial institution, the deposits of which are insured, in whole or in part, by an agency of the United States Government, to the credit of the clerk and his or her successors in office for the use and benefit of the distributee, or to invest the funds, or any part of them, in bonds of the United States or the State of Arkansas. The order shall specify when and under what conditions further orders may be obtained for the ultimate distribution of the fund.

(2) Prior to making the order, the court shall investigate the bond of the clerk, and if it is found to be insufficient in amount to protect the funds of the distributee, the court shall designate the county treasurer as the depository of the funds, subject to the provisions of this section with respect to the deposit of the funds with the clerk of the court.

Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.
Ark. Code Ann. § 28-66-113 — AR Code / Title 28 / Chapter 66 / Section 28-66-113
Investments
Status: in_force

(a) (1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court. (2) However, a guardian may invest surplus funds without prior court authorization in: (A) Direct unconditional interest-bearing obligations of this state or of the United States; (B) Obligations where the interest and principal are unconditionally guaranteed by the United States; (C) Bonds issued by a school district in this state; (D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019; (E) Bonds issued by a national mortgage association; (F) (i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or (G) (i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured. (b) A signed duplicate or certified copy of the petition for authority to invest shall be furnished to the proper office of the United States Department of Veterans Affairs and a notice of hearing shall be given to the office for a hearing on a guardian's account. (c) If a guardian of the estate is a state or national bank or trust company authorized by provisions of §§ 28-69-201 - 28-69-204 to establish and maintain common trust funds, the guardian may invest the ward's funds without prior order of the court in: (1) Participation in the common trust funds if they have been established and maintained by the guardian; (2) Shares, securities or other interests of any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as it existed on January 1, 2015; or (3) An exchange-traded fund listed on a national securities exchange. Amended by Act 2019, No. 591,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 1129,§ 3, eff. 7/22/2015. Acts 1943, No. 177, § 13; 1961, No. 36, § 1; A.S.A. 1947, § 57-513.

(a) (1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court. (2) However, a guardian may invest surplus funds without prior court authorization in: (A) Direct unconditional interest-bearing obligations of this state or of the United States; (B) Obligations where the interest and principal are unconditionally guaranteed by the United States; (C) Bonds issued by a school district in this state; (D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019; (E) Bonds issued by a national mortgage association; (F) (i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or (G) (i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured.

(1) A guardian shall invest the surplus funds of his or her ward's estate in securities or property as authorized under the laws of this state but only upon prior order of the court.

(2) However, a guardian may invest surplus funds without prior court authorization in: (A) Direct unconditional interest-bearing obligations of this state or of the United States; (B) Obligations where the interest and principal are unconditionally guaranteed by the United States; (C) Bonds issued by a school district in this state; (D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019; (E) Bonds issued by a national mortgage association; (F) (i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or (G) (i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured.

(A) Direct unconditional interest-bearing obligations of this state or of the United States;

(B) Obligations where the interest and principal are unconditionally guaranteed by the United States;

(C) Bonds issued by a school district in this state;

(D) Notes, bonds, debentures, or other similar obligations issued by a federal land bank, a federal intermediate credit bank, a bank for a cooperative, or any other obligation issued under the Farm Credit Act of 1971, 12 U.S.C. § 2001 et seq., as it existed on January 1, 2019;

(E) Bonds issued by a national mortgage association;

(F) (i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation. (ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or

(i) A certificate of deposit or another interest-bearing deposit account of a bank domiciled in this state that is insured by the Federal Deposit Insurance Corporation.

(ii) However, an investment in a certificate of deposit or an interest-bearing deposit account shall not exceed the amount insured; or

(G) (i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union. (ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured.

(i) Shares, share certificates, share accounts, or accounts of a: (a) Building and loan association organized under the laws of this state; (b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or (c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union.

(a) Building and loan association organized under the laws of this state;

(b) Federal savings and loan association domiciled in this state and insured by the Savings Association Insurance Fund; or

(c) (1) Credit union in this state for eligible members that is insured by the National Credit Union Administration. (2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union.

(1) Credit union in this state for eligible members that is insured by the National Credit Union Administration.

(2) Subdivision (a)(2)(G)(i) (c)(1) of this section does not expand the field of membership of a credit union.

(ii) However, an investment in shares, share certificates, share accounts, or accounts listed in subdivision (a)(2)(G)(i) of this section shall not exceed the amount insured.

(b) A signed duplicate or certified copy of the petition for authority to invest shall be furnished to the proper office of the United States Department of Veterans Affairs and a notice of hearing shall be given to the office for a hearing on a guardian's account.

(c) If a guardian of the estate is a state or national bank or trust company authorized by provisions of §§ 28-69-201 - 28-69-204 to establish and maintain common trust funds, the guardian may invest the ward's funds without prior order of the court in: (1) Participation in the common trust funds if they have been established and maintained by the guardian; (2) Shares, securities or other interests of any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as it existed on January 1, 2015; or (3) An exchange-traded fund listed on a national securities exchange.

(1) Participation in the common trust funds if they have been established and maintained by the guardian;

(2) Shares, securities or other interests of any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as it existed on January 1, 2015; or

(3) An exchange-traded fund listed on a national securities exchange.

Amended by Act 2019, No. 591,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 1129,§ 3, eff. 7/22/2015.

Acts 1943, No. 177, § 13; 1961, No. 36, § 1; A.S.A. 1947, § 57-513.
Ark. Code Ann. § 28-75-112 — AR Code / Title 28 / Chapter 28 / Section 28-75-112
Disclosure of contents of electronic communications held in trust when trustee not original user
Status: in_force

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under § 28-73-1013 that includes consent to disclosure of the content of electronic communications to the trustee; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (B) evidence linking the account to the trust. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

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

(2) a certified copy of the trust instrument or a certification of the trust under § 28-73-1013 that includes consent to disclosure of the content of electronic communications to the trustee;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

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

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

(B) evidence linking the account to the trust.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-68-403 — AR Code / Title 28 / Chapter 68 / Subchapter 4 / Section 28-68-403
Effect on existing powers of attorney
Status: in_force

Except as otherwise provided in this chapter, on January 1, 2012: (1) this chapter applies to a power of attorney created before, on, or after January 1, 2012; (2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2012; (3) this chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2012, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and (4) an act done before January 1, 2012, is not affected by this chapter. Acts 1999, No. 1423, § 3; 2011, No. 805, § 1.

Except as otherwise provided in this chapter, on January 1, 2012:

(1) this chapter applies to a power of attorney created before, on, or after January 1, 2012;

(2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2012;

(3) this chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2012, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4) an act done before January 1, 2012, is not affected by this chapter.

Acts 1999, No. 1423, § 3; 2011, No. 805, § 1.
Ark. Code Ann. § 28-52-105 — AR Code / Title 28 / Chapter 52 / Section 28-52-105
Petitions for settlement and distribution
Status: in_force

(a) At the time of filing an account, the personal representative shall petition the court to settle and allow his or her account. (b) If the estate is in a proper condition to be closed, he or she shall also petition the court for an order authorizing him or her to distribute the estate and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled, or he or she may petition the court to approve a distribution already made. Acts 1949, No. 140, § 151; A.S.A. 1947, § 62-2805.

(a) At the time of filing an account, the personal representative shall petition the court to settle and allow his or her account.

(b) If the estate is in a proper condition to be closed, he or she shall also petition the court for an order authorizing him or her to distribute the estate and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled, or he or she may petition the court to approve a distribution already made.

Acts 1949, No. 140, § 151; A.S.A. 1947, § 62-2805.
Ark. Code Ann. § 28-73-1013 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1013
Certification of trust
Status: in_force

(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) a statement that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and (7) the manner of taking title to trust property. (b) A certification of trust may be signed or otherwise authenticated by any trustee. (c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (d) A certification of trust need not contain the dispositive terms of a trust. (e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction. (f) (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. (2) Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification. (g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if a court determines that the person did not act in good faith in demanding the trust instrument. (i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. Acts 2005, No. 1031, § 1.

(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) a statement that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and (7) the manner of taking title to trust property.

(1) a statement that the trust exists and the date the trust instrument was executed;

(2) the identity of the settlor;

(3) the identity and address of the currently acting trustee;

(4) the powers of the trustee;

(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and

(7) the manner of taking title to trust property.

(b) A certification of trust may be signed or otherwise authenticated by any trustee.

(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(d) A certification of trust need not contain the dispositive terms of a trust.

(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.

(f) (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. (2) Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification.

(2) Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if a court determines that the person did not act in good faith in demanding the trust instrument.

(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-203 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-203
Construction of authority generally
Status: in_force

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 28-68-204 - 28-68-217 or that grants to an agent authority to do all acts that a principal could do pursuant to § 28-68-201(c) , a principal authorizes the agent, with respect to that subject, to: (1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended; (2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal; (3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney; (4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim; (5) seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney; (6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor; (7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation; (8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal; (9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and (10) do any lawful act with respect to the subject and all property related to the subject. Acts 1981, No. 659, 3; A.S.A. 1947, § 58-703; Acts 2011, No. 805, § 1.

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 28-68-204 - 28-68-217 or that grants to an agent authority to do all acts that a principal could do pursuant to § 28-68-201(c) , a principal authorizes the agent, with respect to that subject, to:

(1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;

(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;

(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10) do any lawful act with respect to the subject and all property related to the subject.

Acts 1981, No. 659, 3; A.S.A. 1947, § 58-703; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-51-108 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-108
Exchange of property
Status: in_force

Whenever it shall appear upon the petition of the personal representative or of an interested person to be for the best interest of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may direct, which may include the payment or receipt of money by the personal representative. Upon the exchange of personal property or real property, the proceedings for the sale of the respective kinds of property shall be followed as far as applicable. Acts 1949, No. 140, § 146; A.S.A. 1947, § 62-2723.

Whenever it shall appear upon the petition of the personal representative or of an interested person to be for the best interest of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may direct, which may include the payment or receipt of money by the personal representative. Upon the exchange of personal property or real property, the proceedings for the sale of the respective kinds of property shall be followed as far as applicable.

Acts 1949, No. 140, § 146; A.S.A. 1947, § 62-2723.
Ark. Code Ann. § 28-73-1004 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1004
Attorney's fees and costs
Status: in_force

In a judicial proceeding involving the administration of a trust, a court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. Acts 2005, No. 1031, § 1.

In a judicial proceeding involving the administration of a trust, a court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-74-207 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-207
Jurisdiction declined by reason of conduct
Status: in_force

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 28-74-206(c) ; and (C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 28-74-203 . (b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter. Acts 2011, No. 159, § 1.

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 28-74-206(c) ; and (C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 28-74-203 .

(1) decline to exercise jurisdiction;

(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 28-74-206(c) ; and (C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 28-74-203 .

(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 28-74-206(c) ; and

(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 28-74-203 .

(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-69-302 — AR Code / Title 28 / Chapter 69 / Subchapter 3 / Section 28-69-302
Power of court over fiduciary unaffected
Status: in_force

Nothing contained in this subchapter shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action or to restrain a fiduciary in the taking of such an action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument wherein all or any part of § 28-69-304 is incorporated by reference. Acts 1961, No. 153, § 4; A.S.A. 1947, § 58-117.

Nothing contained in this subchapter shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action or to restrain a fiduciary in the taking of such an action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument wherein all or any part of § 28-69-304 is incorporated by reference.

Acts 1961, No. 153, § 4; A.S.A. 1947, § 58-117.
Ark. Code Ann. § 28-52-104 — AR Code / Title 28 / Chapter 52 / Section 28-52-104
Form of accounts
Status: in_force

(a) Accounts rendered by a personal representative shall: (1) Cover a period distinctly stated; (2) Be accompanied by proper vouchers; and (3) Contain, separately listed, the following information: (A) Charges against the personal representative which shall include the property according to the inventory or the balance of it according to the last prior account, all income and property received, and any gains from the sale, conveyance, or other disposition of any property not shown by a prior account; (B) Credits to which the personal representative is entitled other than payments to distributees; (C) Assets paid or delivered to distributees; (D) The balance on hand at the time of settlement and a description of the assets constituting the balance; and (E) The unpaid liabilities of the estate. (b) The court may require the account to be made more definite and certain in any respect and may provide for the inspection or verification of the balance of assets on hand. (c) (1) In all cases in which the personal representative is sole distributee of the estate or in which all of the distributees who are competent and the duly appointed guardians of all incompetent distributees have filed their written waiver of the requirement of the accounting, a formal accounting as required in the preceding portions of this section need not be filed, and it shall be sufficient if the personal representative files a verified statement setting forth the following: (A) That notice to creditors has been published as required by law and the time for filing claims against the estate has expired; (B) That there are no unpaid claims; (C) That all state and federal estate taxes have been paid and a copy of the federal estate tax return which has been filed has been made available to all the distributees ultimately required to bear a portion of the tax, or to their guardian; and (D) That distribution has been made in full to all persons entitled as distributees of the estate. (2) However, if any person asserting a claim against the estate or claiming any interest therein which would entitle the person to formal accounting shall file written demand, the personal representative shall comply with the provisions of this section as to formal accounting as in ordinary cases, unless it shall be shown to the court that the alleged claim is invalid or has been paid, or that the person alleging the interest in the estate has in fact no interest therein entitling the person to an accounting. Acts 1949, No. 140, § 150; 1967, No. 287, § 15; 1975, No. 620, § 12; A.S.A. 1947, § 62-2804.

(a) Accounts rendered by a personal representative shall: (1) Cover a period distinctly stated; (2) Be accompanied by proper vouchers; and (3) Contain, separately listed, the following information: (A) Charges against the personal representative which shall include the property according to the inventory or the balance of it according to the last prior account, all income and property received, and any gains from the sale, conveyance, or other disposition of any property not shown by a prior account; (B) Credits to which the personal representative is entitled other than payments to distributees; (C) Assets paid or delivered to distributees; (D) The balance on hand at the time of settlement and a description of the assets constituting the balance; and (E) The unpaid liabilities of the estate.

(1) Cover a period distinctly stated;

(2) Be accompanied by proper vouchers; and

(3) Contain, separately listed, the following information: (A) Charges against the personal representative which shall include the property according to the inventory or the balance of it according to the last prior account, all income and property received, and any gains from the sale, conveyance, or other disposition of any property not shown by a prior account; (B) Credits to which the personal representative is entitled other than payments to distributees; (C) Assets paid or delivered to distributees; (D) The balance on hand at the time of settlement and a description of the assets constituting the balance; and (E) The unpaid liabilities of the estate.

(A) Charges against the personal representative which shall include the property according to the inventory or the balance of it according to the last prior account, all income and property received, and any gains from the sale, conveyance, or other disposition of any property not shown by a prior account;

(B) Credits to which the personal representative is entitled other than payments to distributees;

(C) Assets paid or delivered to distributees;

(D) The balance on hand at the time of settlement and a description of the assets constituting the balance; and

(E) The unpaid liabilities of the estate.

(b) The court may require the account to be made more definite and certain in any respect and may provide for the inspection or verification of the balance of assets on hand.

(c) (1) In all cases in which the personal representative is sole distributee of the estate or in which all of the distributees who are competent and the duly appointed guardians of all incompetent distributees have filed their written waiver of the requirement of the accounting, a formal accounting as required in the preceding portions of this section need not be filed, and it shall be sufficient if the personal representative files a verified statement setting forth the following: (A) That notice to creditors has been published as required by law and the time for filing claims against the estate has expired; (B) That there are no unpaid claims; (C) That all state and federal estate taxes have been paid and a copy of the federal estate tax return which has been filed has been made available to all the distributees ultimately required to bear a portion of the tax, or to their guardian; and (D) That distribution has been made in full to all persons entitled as distributees of the estate. (2) However, if any person asserting a claim against the estate or claiming any interest therein which would entitle the person to formal accounting shall file written demand, the personal representative shall comply with the provisions of this section as to formal accounting as in ordinary cases, unless it shall be shown to the court that the alleged claim is invalid or has been paid, or that the person alleging the interest in the estate has in fact no interest therein entitling the person to an accounting.

(1) In all cases in which the personal representative is sole distributee of the estate or in which all of the distributees who are competent and the duly appointed guardians of all incompetent distributees have filed their written waiver of the requirement of the accounting, a formal accounting as required in the preceding portions of this section need not be filed, and it shall be sufficient if the personal representative files a verified statement setting forth the following: (A) That notice to creditors has been published as required by law and the time for filing claims against the estate has expired; (B) That there are no unpaid claims; (C) That all state and federal estate taxes have been paid and a copy of the federal estate tax return which has been filed has been made available to all the distributees ultimately required to bear a portion of the tax, or to their guardian; and (D) That distribution has been made in full to all persons entitled as distributees of the estate.

(A) That notice to creditors has been published as required by law and the time for filing claims against the estate has expired;

(B) That there are no unpaid claims;

(C) That all state and federal estate taxes have been paid and a copy of the federal estate tax return which has been filed has been made available to all the distributees ultimately required to bear a portion of the tax, or to their guardian; and

(D) That distribution has been made in full to all persons entitled as distributees of the estate.

(2) However, if any person asserting a claim against the estate or claiming any interest therein which would entitle the person to formal accounting shall file written demand, the personal representative shall comply with the provisions of this section as to formal accounting as in ordinary cases, unless it shall be shown to the court that the alleged claim is invalid or has been paid, or that the person alleging the interest in the estate has in fact no interest therein entitling the person to an accounting.

Acts 1949, No. 140, § 150; 1967, No. 287, § 15; 1975, No. 620, § 12; A.S.A. 1947, § 62-2804.
Ark. Code Ann. § 28-27-105 — AR Code / Title 28 / Chapter 27 / Section 28-27-105
Savings clause
Status: in_force

The repeal of any statutory provision by this chapter does not impair, or otherwise affect, any will, devise, or bequest or any trust existing on August 1, 1995, nor does the repeal of any statutory provision by this chapter impair any contract or affect any right accrued before August 1, 1995. Acts 1995, No. 751, § 5.

The repeal of any statutory provision by this chapter does not impair, or otherwise affect, any will, devise, or bequest or any trust existing on August 1, 1995, nor does the repeal of any statutory provision by this chapter impair any contract or affect any right accrued before August 1, 1995.

Acts 1995, No. 751, § 5.
Ark. Code Ann. § 28-1-115 — AR Code / Title 28 / Chapter 1 / Section 28-1-115
Vacation and modification of orders
Status: in_force

(a) For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from which an appeal has been taken or to set aside the probate of a will after the time allowed for contest thereof. (b) No vacation or modification under this section shall affect any act previously done or any right previously acquired in reliance on such an order or judgment. Acts 1949, No. 140, § 15; A.S.A. 1947, § 62-2015.

(a) For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from which an appeal has been taken or to set aside the probate of a will after the time allowed for contest thereof.

(b) No vacation or modification under this section shall affect any act previously done or any right previously acquired in reliance on such an order or judgment.

Acts 1949, No. 140, § 15; A.S.A. 1947, § 62-2015.
Ark. Code Ann. § 28-74-105 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-105
Cooperation between courts
Status: in_force

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4); (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 160.103 as it existed on January 15, 2011. (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. Acts 2011, No. 159, § 1.

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4); (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 160.103 as it existed on January 15, 2011.

(1) hold an evidentiary hearing;

(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(3) order that an evaluation or assessment be made of the respondent;

(4) order any appropriate investigation of a person involved in a proceeding;

(5) forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);

(6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;

(7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 160.103 as it existed on January 15, 2011.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-73-104 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-104
Knowledge
Status: in_force

(a) Subject to subsection (b), a person has knowledge of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know it. (b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information. Acts 2005, No. 1031, § 1.

(a) Subject to subsection (b), a person has knowledge of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know it.

(1) has actual knowledge of it;

(2) has received a notice or notification of it; or

(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.

(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-70-201 — AR Code / Title 28 / Chapter 70 / Subchapter 2 / Section 28-70-201
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 201.

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

Acts 1999, No. 647, § 201.
Ark. Code Ann. § 28-51-105 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-105
Terms of sale
Status: in_force

(a) In all sales of real or personal property, the court may authorize credit to be extended by the personal representative for a period not exceeding ten (10) years from the date of the sale and for an amount not exceeding ninety percent (90%) of the purchase price, the payment of which shall be secured by retention of title or reservation of a vendor's lien and in addition may be secured by notes or bonds with sureties approved by the personal representative, subject to the control of the court. (b) If credit is authorized, the order shall specify the time of payment, the minimum rate of interest on deferred payments, and the manner in which the payments shall be secured. (c) However, the extension of credit shall not extend or prohibit the closing of the estate if all other pertinent matters before the estate have been resolved to the court's satisfaction. Acts 1949, No. 140, § 130; 1983, No. 658, § 1; A.S.A. 1947, § 62-2707.

(a) In all sales of real or personal property, the court may authorize credit to be extended by the personal representative for a period not exceeding ten (10) years from the date of the sale and for an amount not exceeding ninety percent (90%) of the purchase price, the payment of which shall be secured by retention of title or reservation of a vendor's lien and in addition may be secured by notes or bonds with sureties approved by the personal representative, subject to the control of the court.

(b) If credit is authorized, the order shall specify the time of payment, the minimum rate of interest on deferred payments, and the manner in which the payments shall be secured.

(c) However, the extension of credit shall not extend or prohibit the closing of the estate if all other pertinent matters before the estate have been resolved to the court's satisfaction.

Acts 1949, No. 140, § 130; 1983, No. 658, § 1; A.S.A. 1947, § 62-2707.
Ark. Code Ann. § 28-38-101 — AR Code / Title 28 / Chapter 38 / Section 28-38-101
Joint income tax refunds
Status: in_force

(a) The survivor of spouses with respect to whom a joint federal income tax return has been filed, upon the death of the other, shall be entitled to receive any refund of tax due from the Internal Revenue Service in his or her own right upon making proof of the death of the other. (b) Proof of death for the purpose of this section may be made by exhibiting a death certificate of a coroner, licensed physician, or appropriate state agency, or by affidavit of the survivor. (c) It shall be unnecessary for a survivor who has complied with the terms of this section to secure any court order to entitle him or her to receive the federal income tax refund, but he or she shall have a right to a United States Treasury check or warrant for the refund drawn in his or her favor solely. Acts 1965, No. 381, §§ 1-3; A.S.A. 1947, §§ 62-2131 -- 62-2133.

(a) The survivor of spouses with respect to whom a joint federal income tax return has been filed, upon the death of the other, shall be entitled to receive any refund of tax due from the Internal Revenue Service in his or her own right upon making proof of the death of the other.

(b) Proof of death for the purpose of this section may be made by exhibiting a death certificate of a coroner, licensed physician, or appropriate state agency, or by affidavit of the survivor.

(c) It shall be unnecessary for a survivor who has complied with the terms of this section to secure any court order to entitle him or her to receive the federal income tax refund, but he or she shall have a right to a United States Treasury check or warrant for the refund drawn in his or her favor solely.

Acts 1965, No. 381, §§ 1-3; A.S.A. 1947, §§ 62-2131 -- 62-2133.
Ark. Code Ann. § 28-14-101 — AR Code / Title 28 / Chapter 14 / Section 28-14-101
Definitions
Status: in_force

In this chapter, unless the context otherwise requires: (1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property. (3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (4) "Person" means an individual, a corporation, an organization, or other legal entity. (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. (10) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. Acts 1993, No. 114, § 1.

In this chapter, unless the context otherwise requires:

(1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.

(3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

(4) "Person" means an individual, a corporation, an organization, or other legal entity.

(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

(6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

(10) "Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.

(11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

Acts 1993, No. 114, § 1.
Ark. Code Ann. § 28-40-304 — AR Code / Title 28 / Chapter 40 / Subchapter 3 / Section 28-40-304
Restraint of administrator
Status: in_force

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will. Rev. Stat., ch. 157, § 50; C. & M. Dig., § 10544; Pope's Dig., § 14562; A.S.A. 1947 § 60-303.

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.

Rev. Stat., ch. 157, § 50; C. & M. Dig., § 10544; Pope's Dig., § 14562; A.S.A. 1947 § 60-303.
Ark. Code Ann. § 28-9-204 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-204
Per capita distribution
Status: in_force

Heirs will take per capita in the following circumstances: (1) (A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita. (B) For illustration: (i) If the intestate leaves no heirs except children, the children will take per capita and in equal shares; (ii) If the intestate leaves no heirs except grandchildren, all the grandchildren will take per capita and in equal shares; and (iii) If the inheriting class consists solely of great-grandchildren, or any more remote descendants of the intestate who are all related to the intestate in the same degree, they will take per capita. (C) The same rule applies to the inheritance by collateral heirs of the intestate as when, for illustration, the inheriting class consists entirely of brothers and sisters, or consists solely of nieces and nephews who are descendants of deceased brothers and sisters, or consists of any other collateral relatives of the intestate who are related to the intestate in equal degree. (D) Likewise, when the inheriting class consists of uncles, aunts, and grandparents or great-uncles, great-aunts, and great-grandparents who, under § 28-9-214 , may constitute an inheriting class even though they represent different generations, all members of such a class who survive the intestate will take per capita and share equally; and (2) If the members of the inheriting class are related to the intestate in unequal degree, those in the nearer degree will take per capita or in their own right, and those in the more remote degree will take per stirpes or through representation as provided in § 28-9-205 . Acts 1969, No. 303, § 4; A.S.A. 1947, § 61-134.

Heirs will take per capita in the following circumstances:

(1) (A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita. (B) For illustration: (i) If the intestate leaves no heirs except children, the children will take per capita and in equal shares; (ii) If the intestate leaves no heirs except grandchildren, all the grandchildren will take per capita and in equal shares; and (iii) If the inheriting class consists solely of great-grandchildren, or any more remote descendants of the intestate who are all related to the intestate in the same degree, they will take per capita. (C) The same rule applies to the inheritance by collateral heirs of the intestate as when, for illustration, the inheriting class consists entirely of brothers and sisters, or consists solely of nieces and nephews who are descendants of deceased brothers and sisters, or consists of any other collateral relatives of the intestate who are related to the intestate in equal degree. (D) Likewise, when the inheriting class consists of uncles, aunts, and grandparents or great-uncles, great-aunts, and great-grandparents who, under § 28-9-214 , may constitute an inheriting class even though they represent different generations, all members of such a class who survive the intestate will take per capita and share equally; and

(A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita.

(B) For illustration: (i) If the intestate leaves no heirs except children, the children will take per capita and in equal shares; (ii) If the intestate leaves no heirs except grandchildren, all the grandchildren will take per capita and in equal shares; and (iii) If the inheriting class consists solely of great-grandchildren, or any more remote descendants of the intestate who are all related to the intestate in the same degree, they will take per capita.

(i) If the intestate leaves no heirs except children, the children will take per capita and in equal shares;

(ii) If the intestate leaves no heirs except grandchildren, all the grandchildren will take per capita and in equal shares; and

(iii) If the inheriting class consists solely of great-grandchildren, or any more remote descendants of the intestate who are all related to the intestate in the same degree, they will take per capita.

(C) The same rule applies to the inheritance by collateral heirs of the intestate as when, for illustration, the inheriting class consists entirely of brothers and sisters, or consists solely of nieces and nephews who are descendants of deceased brothers and sisters, or consists of any other collateral relatives of the intestate who are related to the intestate in equal degree.

(D) Likewise, when the inheriting class consists of uncles, aunts, and grandparents or great-uncles, great-aunts, and great-grandparents who, under § 28-9-214 , may constitute an inheriting class even though they represent different generations, all members of such a class who survive the intestate will take per capita and share equally; and

(2) If the members of the inheriting class are related to the intestate in unequal degree, those in the nearer degree will take per capita or in their own right, and those in the more remote degree will take per stirpes or through representation as provided in § 28-9-205 .

Acts 1969, No. 303, § 4; A.S.A. 1947, § 61-134.
Ark. Code Ann. § 28-48-204 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-204
Form
Status: in_force

With appropriate variations in the case of an executor, administrator with will annexed, or other special case, the bond of the personal representative shall be in substantially the following form: Click here to view form. Acts 1949, No. 140, § 83; A.S.A. 1947, § 62-2214.

With appropriate variations in the case of an executor, administrator with will annexed, or other special case, the bond of the personal representative shall be in substantially the following form:

Click here to view form.

Acts 1949, No. 140, § 83; A.S.A. 1947, § 62-2214.

48_204_1 - Attachment
Ark. Code Ann. § 28-73-808 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-808
[Repealed]
Status: repealed

Repealed by Act 2019, No. 1021,§ 4, eff. 1/1/2020. Acts 2005, No. 1031, § 1.

Repealed by Act 2019, No. 1021,§ 4, eff. 1/1/2020.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-213 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-213
Kinsmen of the half blood
Status: in_force

An intestate's kinsmen of the half blood will inherit the intestate's real or personal property to the same extent as if they were the intestate's kinsmen of the whole blood. Acts 1969, No. 303, § 15; A.S.A. 1947, § 61-145.

An intestate's kinsmen of the half blood will inherit the intestate's real or personal property to the same extent as if they were the intestate's kinsmen of the whole blood.

Acts 1969, No. 303, § 15; A.S.A. 1947, § 61-145.
Ark. Code Ann. § 28-74-101 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-101
Short title
Status: in_force

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Acts 2011, No. 159, § 1.

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-76-114 — AR Code / Title 28 / Chapter 76 / Section 28-76-114
Defenses in action against trust director
Status: in_force

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-50-111 — AR Code / Title 28 / Chapter 50 / Section 28-50-111
Payment of contingent claims by distributees - Contribution
Status: in_force

(a) If a contingent claim shall have been presented and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof shall have been distributed, and the claim shall thereafter become absolute, then the creditor shall have the right to recover thereon in a court having equitable jurisdiction against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid out prior to final distribution, provided an action therefor shall be commenced within the time permitted by law for bringing an action. (b) The distributees shall be jointly and severally liable, but no distributee shall be liable for an amount exceeding the value of the estate or fund so distributed to him or her. (c) If more than one (1) distributee is liable to the creditor, he or she shall make all distributees who can be reached by process parties to the action. (d) (1) By its judgment, the court shall determine the amount of the liability of each of the defendants as between themselves. (2) However, if any defendant is insolvent or unable to pay his or her proportion, or is beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless shall be liable to the creditor for the whole amount of his or her debt. (3) If any person liable for the debt fails to pay his or her just proportion to the creditor, he or she shall be liable to indemnify all who, by reason of the failure on his or her part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions. Acts 1949, No. 140, § 120; A.S.A. 1947, § 62-2611.

(a) If a contingent claim shall have been presented and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof shall have been distributed, and the claim shall thereafter become absolute, then the creditor shall have the right to recover thereon in a court having equitable jurisdiction against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid out prior to final distribution, provided an action therefor shall be commenced within the time permitted by law for bringing an action.

(b) The distributees shall be jointly and severally liable, but no distributee shall be liable for an amount exceeding the value of the estate or fund so distributed to him or her.

(c) If more than one (1) distributee is liable to the creditor, he or she shall make all distributees who can be reached by process parties to the action.

(d) (1) By its judgment, the court shall determine the amount of the liability of each of the defendants as between themselves. (2) However, if any defendant is insolvent or unable to pay his or her proportion, or is beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless shall be liable to the creditor for the whole amount of his or her debt. (3) If any person liable for the debt fails to pay his or her just proportion to the creditor, he or she shall be liable to indemnify all who, by reason of the failure on his or her part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.

(1) By its judgment, the court shall determine the amount of the liability of each of the defendants as between themselves.

(2) However, if any defendant is insolvent or unable to pay his or her proportion, or is beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless shall be liable to the creditor for the whole amount of his or her debt.

(3) If any person liable for the debt fails to pay his or her just proportion to the creditor, he or she shall be liable to indemnify all who, by reason of the failure on his or her part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.

Acts 1949, No. 140, § 120; A.S.A. 1947, § 62-2611.
Ark. Code Ann. § 28-42-104 — AR Code / Title 28 / Chapter 42 / Section 28-42-104
Designation of agent
Status: in_force

Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of § 28-48-101(b)(6) concerning designation of an agent to accept service of process. Acts 1949, No. 140, § 181; A.S.A. 1947, § 62-3103.

Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of § 28-48-101(b)(6) concerning designation of an agent to accept service of process.

Acts 1949, No. 140, § 181; A.S.A. 1947, § 62-3103.
Ark. Code Ann. § 28-10-207 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-207
Protection of payors, bona fide purchasers, and other third parties - Personal liability of recipient
Status: in_force

(a) (1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this subchapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the person's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this subchapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this subchapter. (2) Written notice of a claimed lack of entitlement under paragraph 1 must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this subchapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this subchapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (b) (1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this subchapter to return the payment, item of property, or benefit nor liable under this subchapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this subchapter. (2) If this subchapter or any part of this subchapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this subchapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this subchapter or part of this subchapter not preempted. Acts 2005, No. 74, § 1.

(a) (1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this subchapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the person's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this subchapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this subchapter. (2) Written notice of a claimed lack of entitlement under paragraph 1 must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this subchapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this subchapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(1) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this subchapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the person's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this subchapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this subchapter.

(2) Written notice of a claimed lack of entitlement under paragraph 1 must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this subchapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this subchapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(b) (1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this subchapter to return the payment, item of property, or benefit nor liable under this subchapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this subchapter. (2) If this subchapter or any part of this subchapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this subchapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this subchapter or part of this subchapter not preempted.

(1) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this subchapter to return the payment, item of property, or benefit nor liable under this subchapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this subchapter.

(2) If this subchapter or any part of this subchapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this subchapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this subchapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this subchapter or part of this subchapter not preempted.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-73-507 — AR Code / Title 28 / Chapter 73 / Subchapter 5 / Section 28-73-507
Personal obligations of trustee
Status: in_force

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. Acts 2005, No. 1031, § 1.

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-1101 — AR Code / Title 28 / Chapter 73 / Subchapter 11 / Section 28-73-1101
Uniformity of application and construction
Status: in_force

In applying and construing this chapter consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2005, No. 1031, § 1.

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

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-72-706 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-706
Discretion of trustee
Status: in_force

(a) The trustee's discretionary power is absolute, regardless of whether a valid provision for the accumulation of trust income is made or if the provision relates to the trust income from real or personal property, in all cases where the creator of a spendthrift trust or domestic asset protection trust: (1) Indicates the sum to be applied for or paid to the beneficiary or makes the application or payment of sums for or to the beneficiary at the discretion of the trustee; (2) Makes the amount of trust income to be applied for or paid to the beneficiary at the discretion of the trustee; or (3) Gives the trustee the discretion to pay all or any part of the trust income to one (1) or more of the beneficiaries. (b) A trustee's discretion under subsection (a) of this section shall not be interfered with for any consideration of the needs, station in life, or mode of life of the beneficiary, or for any uncertainty or pretext. (c) The trustee of a spendthrift trust or domestic asset protection trust is required to disregard and defeat an assignment or other act, voluntary or involuntary, that is attempted contrary to the provisions of this subchapter. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) The trustee's discretionary power is absolute, regardless of whether a valid provision for the accumulation of trust income is made or if the provision relates to the trust income from real or personal property, in all cases where the creator of a spendthrift trust or domestic asset protection trust: (1) Indicates the sum to be applied for or paid to the beneficiary or makes the application or payment of sums for or to the beneficiary at the discretion of the trustee; (2) Makes the amount of trust income to be applied for or paid to the beneficiary at the discretion of the trustee; or (3) Gives the trustee the discretion to pay all or any part of the trust income to one (1) or more of the beneficiaries.

(1) Indicates the sum to be applied for or paid to the beneficiary or makes the application or payment of sums for or to the beneficiary at the discretion of the trustee;

(2) Makes the amount of trust income to be applied for or paid to the beneficiary at the discretion of the trustee; or

(3) Gives the trustee the discretion to pay all or any part of the trust income to one (1) or more of the beneficiaries.

(b) A trustee's discretion under subsection (a) of this section shall not be interfered with for any consideration of the needs, station in life, or mode of life of the beneficiary, or for any uncertainty or pretext.

(c) The trustee of a spendthrift trust or domestic asset protection trust is required to disregard and defeat an assignment or other act, voluntary or involuntary, that is attempted contrary to the provisions of this subchapter.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-72-506 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-506
When beneficiary may determine investment
Status: in_force

Upon reaching eighteen (18) years of age, the beneficiary of a long-term intergenerational security trust may determine, to the extent possible, the manner in which the funds are to be invested. Acts 1995, No. 1303, § 9.

Upon reaching eighteen (18) years of age, the beneficiary of a long-term intergenerational security trust may determine, to the extent possible, the manner in which the funds are to be invested.

Acts 1995, No. 1303, § 9.
Ark. Code Ann. § 28-65-702 — AR Code / Title 28 / Chapter 65 / Subchapter 7 / Section 28-65-702
Public Guardian for Adults - Appointment - Qualifications
Status: in_force

(a) (1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults. (2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward. (b) (1) In addition to the qualifications required under § 28-65-203 , the public guardian shall: (A) Hold a degree in law or social work or a related field; (B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services; (C) Attend and complete at least twenty (20) hours of training approved by the department; and (D) Demonstrate competency and ability to carry out the values of the ward. (2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults. (c) The Public Guardian for Adults: (1) May consent or withhold consent to health and long-term care treatment; (2) Shall advocate for the ward; and (3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person. Amended by Act 2017, No. 913,§ 132, eff. 8/1/2017. Amended by Act 2015, No. 1203,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1203,§ 2, eff. 7/22/2015. Acts 2007, No. 862, § 4.

(a) (1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults. (2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward.

(1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.

(2) A prior authorized appointment of a public guardian by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall have continuing effect and be relied upon in regard to the public guardian's authority to act on behalf of the ward.

(b) (1) In addition to the qualifications required under § 28-65-203 , the public guardian shall: (A) Hold a degree in law or social work or a related field; (B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services; (C) Attend and complete at least twenty (20) hours of training approved by the department; and (D) Demonstrate competency and ability to carry out the values of the ward. (2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults.

(1) In addition to the qualifications required under § 28-65-203 , the public guardian shall: (A) Hold a degree in law or social work or a related field; (B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services; (C) Attend and complete at least twenty (20) hours of training approved by the department; and (D) Demonstrate competency and ability to carry out the values of the ward.

(A) Hold a degree in law or social work or a related field;

(B) Submit to a criminal background check with satisfactory results as prescribed by the Department of Human Services;

(C) Attend and complete at least twenty (20) hours of training approved by the department; and

(D) Demonstrate competency and ability to carry out the values of the ward.

(2) The Public Guardian for Adults shall devote his or her entire time to the duties of the Office of Public Guardian for Adults.

(c) The Public Guardian for Adults: (1) May consent or withhold consent to health and long-term care treatment; (2) Shall advocate for the ward; and (3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.

(1) May consent or withhold consent to health and long-term care treatment;

(2) Shall advocate for the ward; and

(3) Shall be functionally separate from and share no duties with any department employee whose job it is to prepare and offer services or treatment plans, or both, to any person.

Amended by Act 2017, No. 913,§ 132, eff. 8/1/2017.

Amended by Act 2015, No. 1203,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1203,§ 2, eff. 7/22/2015.

Acts 2007, No. 862, § 4.
Ark. Code Ann. § 28-13-104 — AR Code / Title 28 / Chapter 13 / Section 28-13-104
Settlement of administrator's accounts
Status: in_force

(a) When there is administration granted and there are no known heirs or legal representatives of the intestate, or no person shall appear, within two (2) years after granting letters of administration, to claim the personal estate of the intestate, as next of kin, the administrator, in the settlement of his or her accounts with the proper court, shall account for all money which may come to his or her hands as administrator. (b) If there is an amount more than sufficient to pay the debts of the deceased and the expenses of the administration, the court, on settlement, shall ascertain the amount remaining in the hands of the administrator and grant duplicate certificates thereof, one (1) of which shall be delivered to the prosecuting attorney and the other to the county treasurer, who shall charge the administrator with the amount. (c) The administrator shall pay the amount into the county treasury within three (3) months after the settlements. When the administrator pays the amount, the county treasurer shall give him or her a receipt therefor and credit him or her with the amount so paid into the treasury. (d) The court having the settlement of accounts with the administrator, upon the production of the county treasurer's certificate to them, shall credit the administrator with the amount. (e) However, if payment shall not be made, the prosecuting attorney for the district shall move the court for judgment against the administrator and his or her securities, or either of them, for such balance and three percent (3%) per month thereon, giving to the administrator and his or her securities ten days' notice of the intended motion. The court shall hear and determine the motion in a summary manner, without the necessity of formal pleading. (f) If the administrator or his or her securities do not produce the county treasurer's certificate showing full payment into the county treasury, the court shall render judgment against the administrator and his or her securities, or such of them as shall receive notice, for the amount due, and three percent (3%) per month thereon from the time the balance was first ascertained until the rendition of the judgment, and the costs of the proceedings, and issue execution thereon. (g) If the certificate of the Auditor of State is produced, the administrator and his or her securities shall, nevertheless, be adjudged to pay the costs of the proceedings and shall in no case recover costs. Rev. Stat., ch. 57, §§ 2-7; C. & M. Dig., §§ 4079-4084; Pope's Dig., §§ 5088-5093; Acts 1985, No. 703, § 3; A.S.A. 1947, §§ 62-1802 -- 62-1807.

(a) When there is administration granted and there are no known heirs or legal representatives of the intestate, or no person shall appear, within two (2) years after granting letters of administration, to claim the personal estate of the intestate, as next of kin, the administrator, in the settlement of his or her accounts with the proper court, shall account for all money which may come to his or her hands as administrator.

(b) If there is an amount more than sufficient to pay the debts of the deceased and the expenses of the administration, the court, on settlement, shall ascertain the amount remaining in the hands of the administrator and grant duplicate certificates thereof, one (1) of which shall be delivered to the prosecuting attorney and the other to the county treasurer, who shall charge the administrator with the amount.

(c) The administrator shall pay the amount into the county treasury within three (3) months after the settlements. When the administrator pays the amount, the county treasurer shall give him or her a receipt therefor and credit him or her with the amount so paid into the treasury.

(d) The court having the settlement of accounts with the administrator, upon the production of the county treasurer's certificate to them, shall credit the administrator with the amount.

(e) However, if payment shall not be made, the prosecuting attorney for the district shall move the court for judgment against the administrator and his or her securities, or either of them, for such balance and three percent (3%) per month thereon, giving to the administrator and his or her securities ten days' notice of the intended motion. The court shall hear and determine the motion in a summary manner, without the necessity of formal pleading.

(f) If the administrator or his or her securities do not produce the county treasurer's certificate showing full payment into the county treasury, the court shall render judgment against the administrator and his or her securities, or such of them as shall receive notice, for the amount due, and three percent (3%) per month thereon from the time the balance was first ascertained until the rendition of the judgment, and the costs of the proceedings, and issue execution thereon.

(g) If the certificate of the Auditor of State is produced, the administrator and his or her securities shall, nevertheless, be adjudged to pay the costs of the proceedings and shall in no case recover costs.

Rev. Stat., ch. 57, §§ 2-7; C. & M. Dig., §§ 4079-4084; Pope's Dig., §§ 5088-5093; Acts 1985, No. 703, § 3; A.S.A. 1947, §§ 62-1802 -- 62-1807.
Ark. Code Ann. § 28-77-505 — AR Code / Title 28 / Chapter 77 / Subchapter 5 / Section 28-77-505
Reimbursement of principal from income
Status: in_force

(a) If a fiduciary makes or expects to make a principal disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements. (b) To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (a) applies include: (1) an amount chargeable to income but paid from principal because income is not sufficient; (2) the cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment; (3) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions; (4) a periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and (5) a disbursement described in § 28-77-502(a) . (c) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (a). Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) If a fiduciary makes or expects to make a principal disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.

(b) To the extent a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which subsection (a) applies include: (1) an amount chargeable to income but paid from principal because income is not sufficient; (2) the cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment; (3) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions; (4) a periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and (5) a disbursement described in § 28-77-502(a) .

(1) an amount chargeable to income but paid from principal because income is not sufficient;

(2) the cost of an improvement to principal, whether a change to an existing asset or the construction of a new asset, including a special assessment;

(3) a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;

(4) a periodic payment on an obligation secured by a principal asset, to the extent the amount transferred from income to principal for depreciation is less than the periodic payment; and

(5) a disbursement described in § 28-77-502(a) .

(c) If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (a).

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-76-109 — AR Code / Title 28 / Chapter 76 / Section 28-76-109
Duty and liability of directed trustee
Status: in_force

(a) A directed trustee shall take reasonable action to comply with a trust director's direction given to the directed trustee by a trust director acting within the scope of the powers expressly granted to the trust director in the trust instrument, and except as otherwise provided in the trust instrument, the directed trustee is not liable for: (1) any loss that results directly or indirectly from any act taken or omitted as a result of the reasonable action of the directed trustee to comply with the direction of the trust director or the failure of the trust director to provide consent; and (2) whenever a directed trust reserves to a trust director the authority to direct the making or retention of any investment, to the exclusion of the directed trustee, the directed trustee shall not be liable for any loss resulting from the making or retention of any investment under such direction. (b) Absent contrary provisions in the governing instrument, the actions of a directed trustee taken under subsection (a) of this section to comply with a direction of a trust director are administrative actions taken by the directed trustee solely to allow the directed trustee to perform the duties assigned to the directed trustee under the governing instrument and the administrative actions shall not constitute an undertaking by the directed trustee to participate in or otherwise take any fiduciary responsibility for the direction of a trust director. (c) In an action against a directed trustee under this section, the burden to prove the matter by clear and convincing evidence is on the person seeking to hold the directed trustee liable. (d) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions. (e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) A directed trustee shall take reasonable action to comply with a trust director's direction given to the directed trustee by a trust director acting within the scope of the powers expressly granted to the trust director in the trust instrument, and except as otherwise provided in the trust instrument, the directed trustee is not liable for: (1) any loss that results directly or indirectly from any act taken or omitted as a result of the reasonable action of the directed trustee to comply with the direction of the trust director or the failure of the trust director to provide consent; and (2) whenever a directed trust reserves to a trust director the authority to direct the making or retention of any investment, to the exclusion of the directed trustee, the directed trustee shall not be liable for any loss resulting from the making or retention of any investment under such direction.

(1) any loss that results directly or indirectly from any act taken or omitted as a result of the reasonable action of the directed trustee to comply with the direction of the trust director or the failure of the trust director to provide consent; and

(2) whenever a directed trust reserves to a trust director the authority to direct the making or retention of any investment, to the exclusion of the directed trustee, the directed trustee shall not be liable for any loss resulting from the making or retention of any investment under such direction.

(b) Absent contrary provisions in the governing instrument, the actions of a directed trustee taken under subsection (a) of this section to comply with a direction of a trust director are administrative actions taken by the directed trustee solely to allow the directed trustee to perform the duties assigned to the directed trustee under the governing instrument and the administrative actions shall not constitute an undertaking by the directed trustee to participate in or otherwise take any fiduciary responsibility for the direction of a trust director.

(c) In an action against a directed trustee under this section, the burden to prove the matter by clear and convincing evidence is on the person seeking to hold the directed trustee liable.

(d) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.

(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-73-1006 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1006
Reliance on trust instrument
Status: in_force

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. Acts 2005, No. 1031, § 1.

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-212 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-212
Claims and litigation
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief; (2) bring an action to determine adverse claims or intervene or otherwise participate in litigation; (3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation; (5) submit to alternative dispute resolution, settle, and propose or accept a compromise; (6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation; (7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value; (8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and (9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation. Acts 2011, No. 805, § 1.

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

(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-73-506 — AR Code / Title 28 / Chapter 73 / Subchapter 5 / Section 28-73-506
Overdue distribution
Status: in_force

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date. Acts 2005, No. 1031, § 1.

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-48-103 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-103
Special administrators
Status: in_force

(a) For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator. (b) A special administrator may be appointed without notice or upon such notice as the court may direct. (c) The appointment may be for a specified time, to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment. (d) The special administrator shall make such reports as the court shall direct and shall account to the court upon the termination of his or her authority. (e) Otherwise, and except when the provisions of the Probate Code by their terms apply only to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives shall apply to special administrators. (f) The order appointing a special administrator shall not be appealable. Acts 1949, No. 140, § 79; A.S.A. 1947, § 62-2210.

(a) For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator.

(b) A special administrator may be appointed without notice or upon such notice as the court may direct.

(c) The appointment may be for a specified time, to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment.

(d) The special administrator shall make such reports as the court shall direct and shall account to the court upon the termination of his or her authority.

(e) Otherwise, and except when the provisions of the Probate Code by their terms apply only to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives shall apply to special administrators.

(f) The order appointing a special administrator shall not be appealable.

Acts 1949, No. 140, § 79; A.S.A. 1947, § 62-2210.
Ark. Code Ann. § 28-71-107 — AR Code / Title 28 / Chapter 71 / Section 28-71-107
Limited investment in private venture capital projects authorized
Status: in_force

(a) Unless prohibited by federal law or regulations promulgated thereunder, but notwithstanding any law or rule of this state to the contrary, fiduciaries and financial institutions may invest up to no more than two and one-half percent (2½%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without being in contravention of any prudent investor rule. This limitation is applicable only at the time of investment, and it shall not constitute a contravention of the prudent investor rule if investments in Arkansas private venture capital projects are in excess of this limitation by virtue of a reduction in the amount of funds eligible for investment. (b) The primary state regulators of the fiduciaries making such investments under this section shall promulgate rules for the implementation of this section. (c) (1) The prudent investor rule is embodied in several laws of this state pertaining to the investment of funds by financial institutions and fiduciaries, and the General Assembly has determined that the people of this state would benefit by the limited relaxation of the prudent investor rule to the extent that fiduciaries and financial institutions should be allowed to invest a small portion of their assets in private venture capital projects within this state. (2) It is the intent of this section to allow fiduciaries and financial institutions to invest up to two and one-half percent (2½%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without incurring liability for violation of the prudent investor rule. Amended by Act 2019, No. 315,§ 3203, eff. 7/24/2019. Acts 1985, No. 905, §§ 1-3; A.S.A. 1947, §§ 58-308 -- 58-310.

(a) Unless prohibited by federal law or regulations promulgated thereunder, but notwithstanding any law or rule of this state to the contrary, fiduciaries and financial institutions may invest up to no more than two and one-half percent (2½%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without being in contravention of any prudent investor rule. This limitation is applicable only at the time of investment, and it shall not constitute a contravention of the prudent investor rule if investments in Arkansas private venture capital projects are in excess of this limitation by virtue of a reduction in the amount of funds eligible for investment.

(b) The primary state regulators of the fiduciaries making such investments under this section shall promulgate rules for the implementation of this section.

(c) (1) The prudent investor rule is embodied in several laws of this state pertaining to the investment of funds by financial institutions and fiduciaries, and the General Assembly has determined that the people of this state would benefit by the limited relaxation of the prudent investor rule to the extent that fiduciaries and financial institutions should be allowed to invest a small portion of their assets in private venture capital projects within this state. (2) It is the intent of this section to allow fiduciaries and financial institutions to invest up to two and one-half percent (2½%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without incurring liability for violation of the prudent investor rule.

(1) The prudent investor rule is embodied in several laws of this state pertaining to the investment of funds by financial institutions and fiduciaries, and the General Assembly has determined that the people of this state would benefit by the limited relaxation of the prudent investor rule to the extent that fiduciaries and financial institutions should be allowed to invest a small portion of their assets in private venture capital projects within this state.

(2) It is the intent of this section to allow fiduciaries and financial institutions to invest up to two and one-half percent (2½%) of their funds eligible for investment, but not more than ten percent (10%) of their capital, including common capital stock, certified surplus, capital notes, and undivided profits, in Arkansas private venture capital projects without incurring liability for violation of the prudent investor rule.

Amended by Act 2019, No. 315,§ 3203, eff. 7/24/2019.

Acts 1985, No. 905, §§ 1-3; A.S.A. 1947, §§ 58-308 -- 58-310.
Ark. Code Ann. § 28-68-207 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-207
Commodities and options
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and (2) establish, continue, modify, and terminate option accounts. Acts 2011, No. 805, § 1.

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

(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

(2) establish, continue, modify, and terminate option accounts.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-72-604 — AR Code / Title 28 / Chapter 72 / Subchapter 6 / Section 28-72-604
Dissolution of marriage
Status: in_force

For purposes of the dissolution of the marriage of the settlors, the respective property rights of settlors who are married to each other shall not be affected or changed by the transfer of the property to, or the subsequent administration of the property as an asset of, a qualified spousal trust during the marriage of the settlors unless both of the settlors expressly agree otherwise in writing. Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.

For purposes of the dissolution of the marriage of the settlors, the respective property rights of settlors who are married to each other shall not be affected or changed by the transfer of the property to, or the subsequent administration of the property as an asset of, a qualified spousal trust during the marriage of the settlors unless both of the settlors expressly agree otherwise in writing.

Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 28-49-107 — AR Code / Title 28 / Chapter 49 / Section 28-49-107
Property not paid for
Status: in_force

(a) If a decedent has purchased any real or personal property and has neither completed the payments therefor, nor devised the property, nor provided by will for payment therefor, and the completion of the payments would be beneficial to the estate and not injurious to creditors, the personal representative, upon order of the court, may complete the payments out of assets in his or her hands, and the property shall be disposed of as other property of the estate. (b) If the court finds that completion of the payments would not be beneficial to the estate or would be injurious to the creditors, the court may order the personal representative to sell all of the right, title, interest, and claim of the decedent in and to the property. Acts 1949, No. 140, § 97; A.S.A. 1947, § 62-2404.

(a) If a decedent has purchased any real or personal property and has neither completed the payments therefor, nor devised the property, nor provided by will for payment therefor, and the completion of the payments would be beneficial to the estate and not injurious to creditors, the personal representative, upon order of the court, may complete the payments out of assets in his or her hands, and the property shall be disposed of as other property of the estate.

(b) If the court finds that completion of the payments would not be beneficial to the estate or would be injurious to the creditors, the court may order the personal representative to sell all of the right, title, interest, and claim of the decedent in and to the property.

Acts 1949, No. 140, § 97; A.S.A. 1947, § 62-2404.
Ark. Code Ann. § 28-11-402 — AR Code / Title 28 / Chapter 11 / Subchapter 4 / Section 28-11-402
Jointure or payment - Election of spouse
Status: in_force

If, before the marriage, but without a spouse's assent, or if, after the marriage, land shall be given or assured for the jointure of a spouse or a pecuniary provision shall be made for the spouse in lieu of dower or curtesy, the spouse shall make an election whether the spouse will take the jointure or pecuniary provision, or whether the spouse will be endowed of the lands of the other spouse. However, the spouse shall not be entitled to both. Rev. Stat., ch. 52, § 12; C. & M. Dig., § 3525; Pope's Dig., § 4409; Acts 1981, No. 714, § 34; A.S.A. 1947, § 61-217.

If, before the marriage, but without a spouse's assent, or if, after the marriage, land shall be given or assured for the jointure of a spouse or a pecuniary provision shall be made for the spouse in lieu of dower or curtesy, the spouse shall make an election whether the spouse will take the jointure or pecuniary provision, or whether the spouse will be endowed of the lands of the other spouse. However, the spouse shall not be entitled to both.

Rev. Stat., ch. 52, § 12; C. & M. Dig., § 3525; Pope's Dig., § 4409; Acts 1981, No. 714, § 34; A.S.A. 1947, § 61-217.
Ark. Code Ann. § 28-40-114 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-114
Notice of contest
Status: in_force

(a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court. (2) If the notice provided for in § 28-40-110 has not been given, the notice therein provided for shall be given and shall further state that the will is being contested. (b) If a statement of grounds for objection to admitting the will to probate is filed after the will has been admitted and within the time limitations stated in § 28-40-113 , the court shall fix a time and place for hearing the grounds for objection, and notice shall be given to each heir and devisee whose place of residence is known and, if the grounds for contest include the presentation of another will, to each devisee and the executor nominated in the other will whose place of residence is known, and to such other persons as the court may direct. (c) All persons notified as provided by § 28-40-110 or by this section shall be deemed parties to the proceeding for all purposes. Acts 1949, No. 140, § 54; A.S.A. 1947, § 62-2115.

(a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court. (2) If the notice provided for in § 28-40-110 has not been given, the notice therein provided for shall be given and shall further state that the will is being contested.

(1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court.

(2) If the notice provided for in § 28-40-110 has not been given, the notice therein provided for shall be given and shall further state that the will is being contested.

(b) If a statement of grounds for objection to admitting the will to probate is filed after the will has been admitted and within the time limitations stated in § 28-40-113 , the court shall fix a time and place for hearing the grounds for objection, and notice shall be given to each heir and devisee whose place of residence is known and, if the grounds for contest include the presentation of another will, to each devisee and the executor nominated in the other will whose place of residence is known, and to such other persons as the court may direct.

(c) All persons notified as provided by § 28-40-110 or by this section shall be deemed parties to the proceeding for all purposes.

Acts 1949, No. 140, § 54; A.S.A. 1947, § 62-2115.
Ark. Code Ann. § 28-73-704 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-704
Vacancy in trusteeship - Appointment of successor
Status: in_force

(a) A vacancy in a trusteeship occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is disqualified or removed; (5) a trustee dies; or (6) a guardian of the person or conservator is appointed for an individual serving as trustee. (b) If one (1) or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: (1) by a person designated in the terms of the trust to act as successor trustee; (2) by a person appointed by unanimous agreement of the qualified beneficiaries; or (3) by a person appointed by a court. (d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: (1) by a person designated in the terms of the trust to act as successor trustee; (2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or (3) by a person appointed by a court. (e) Whether or not a vacancy in a trusteeship exists or is required to be filled, a court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust. Acts 2005, No. 1031, § 1.

(a) A vacancy in a trusteeship occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is disqualified or removed; (5) a trustee dies; or (6) a guardian of the person or conservator is appointed for an individual serving as trustee.

(1) a person designated as trustee rejects the trusteeship;

(2) a person designated as trustee cannot be identified or does not exist;

(3) a trustee resigns;

(4) a trustee is disqualified or removed;

(5) a trustee dies; or

(6) a guardian of the person or conservator is appointed for an individual serving as trustee.

(b) If one (1) or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.

(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: (1) by a person designated in the terms of the trust to act as successor trustee; (2) by a person appointed by unanimous agreement of the qualified beneficiaries; or (3) by a person appointed by a court.

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or

(3) by a person appointed by a court.

(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: (1) by a person designated in the terms of the trust to act as successor trustee; (2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or (3) by a person appointed by a court.

(1) by a person designated in the terms of the trust to act as successor trustee;

(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Attorney General concurs in the selection; or

(3) by a person appointed by a court.

(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, a court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-1-108 — AR Code / Title 28 / Chapter 1 / Section 28-1-108
Records
Status: in_force

The following records of the court shall be maintained: (1) An index in which files pertaining to estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the ward. The file and docket number shall be shown after the name of each file; (2) A docket in which shall be listed in chronological order under the name of the decedent or ward all documents filed or issued and all orders made pertaining to the estate, including: (A) The dates thereof; (B) The names and addresses of fiduciaries and of attorneys for parties in interest when and as known to the clerk; (C) Reference to the volume and page of any record which shall have been made of the document or order; and (D) Other data as the court may direct; (3) A record of wills, properly indexed, in which shall be recorded all wills admitted to probate with the certificate of probate thereof; (4) Other records as may be required by law or the court. Acts 1949, No. 140, § 9; 1983, No. 250, § 1; A.S.A. 1947, § 62-2009.

The following records of the court shall be maintained:

(1) An index in which files pertaining to estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the ward. The file and docket number shall be shown after the name of each file;

(2) A docket in which shall be listed in chronological order under the name of the decedent or ward all documents filed or issued and all orders made pertaining to the estate, including: (A) The dates thereof; (B) The names and addresses of fiduciaries and of attorneys for parties in interest when and as known to the clerk; (C) Reference to the volume and page of any record which shall have been made of the document or order; and (D) Other data as the court may direct;

(A) The dates thereof;

(B) The names and addresses of fiduciaries and of attorneys for parties in interest when and as known to the clerk;

(C) Reference to the volume and page of any record which shall have been made of the document or order; and

(D) Other data as the court may direct;

(3) A record of wills, properly indexed, in which shall be recorded all wills admitted to probate with the certificate of probate thereof;

(4) Other records as may be required by law or the court.

Acts 1949, No. 140, § 9; 1983, No. 250, § 1; A.S.A. 1947, § 62-2009.
Ark. Code Ann. § 28-11-304 — AR Code / Title 28 / Chapter 11 / Subchapter 3 / Section 28-11-304
Sale of timber, oil, gas, or mineral leases
Status: in_force

(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, absolutely and in his or her own right, to one-third (1/3) of all money received from the sale of timber, oil and gas or other mineral leases, oil and gas or other mineral royalty or mineral sales, and to one-third (1/3) of the money derived from any and all royalty run to the credit of the royalty owners from any oil or gas well or to royalty accruing from the production of other mines or minerals in lands in which he or she has a dower, curtesy, or homestead interest, unless the surviving spouse shall have relinquished same in legal form. (b) (1) All persons, firms, partnerships, or corporations now engaged in the production of oil and gas or other minerals shall immediately withhold payments to the royalty interests until the rights of the surviving spouse are determined, as defined by this section, and shall thereafter pay the surviving spouse separately his or her one-third (1/3) part of all royalty accruing to the royalty interest unless he or she shall have relinquished the royalty interest in legal form. (2) In the sale of timber, the purchaser shall pay one-third (1/3) of the purchase price directly to the surviving spouse or his or her agent or attorney at the time of the execution or delivery of the deed. Acts 1945, No. 143, §§ 1, 2; 1963, No. 68, § 1; 1981, No. 714, §§ 21, 22; A.S.A. 1947, §§ 61-204, 61-205.

(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, absolutely and in his or her own right, to one-third (1/3) of all money received from the sale of timber, oil and gas or other mineral leases, oil and gas or other mineral royalty or mineral sales, and to one-third (1/3) of the money derived from any and all royalty run to the credit of the royalty owners from any oil or gas well or to royalty accruing from the production of other mines or minerals in lands in which he or she has a dower, curtesy, or homestead interest, unless the surviving spouse shall have relinquished same in legal form.

(b) (1) All persons, firms, partnerships, or corporations now engaged in the production of oil and gas or other minerals shall immediately withhold payments to the royalty interests until the rights of the surviving spouse are determined, as defined by this section, and shall thereafter pay the surviving spouse separately his or her one-third (1/3) part of all royalty accruing to the royalty interest unless he or she shall have relinquished the royalty interest in legal form. (2) In the sale of timber, the purchaser shall pay one-third (1/3) of the purchase price directly to the surviving spouse or his or her agent or attorney at the time of the execution or delivery of the deed.

(1) All persons, firms, partnerships, or corporations now engaged in the production of oil and gas or other minerals shall immediately withhold payments to the royalty interests until the rights of the surviving spouse are determined, as defined by this section, and shall thereafter pay the surviving spouse separately his or her one-third (1/3) part of all royalty accruing to the royalty interest unless he or she shall have relinquished the royalty interest in legal form.

(2) In the sale of timber, the purchaser shall pay one-third (1/3) of the purchase price directly to the surviving spouse or his or her agent or attorney at the time of the execution or delivery of the deed.

Acts 1945, No. 143, §§ 1, 2; 1963, No. 68, § 1; 1981, No. 714, §§ 21, 22; A.S.A. 1947, §§ 61-204, 61-205.
Ark. Code Ann. § 28-72-709 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-709
Perpetuities
Status: in_force

(a) A spendthrift trust or domestic asset protection trust may not continue for a period longer than permitted under § 18-3-101 et seq. (b) (1) The free alienation of the legal estate by the trustee may not be suspended for a period exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in the State of Arkansas or in the state where the lands affected by the trust are situated. (2) Notwithstanding subdivision (b)(1) of this section, a contingent remainder in fee may be created on a prior remainder in fee to take effect if the person to whom the first remainder is limited dies under twenty-one (21) years of age, or upon any other contingency by which the estate of that person may be determined before he or she attains twenty-one (21) years of age. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) A spendthrift trust or domestic asset protection trust may not continue for a period longer than permitted under § 18-3-101 et seq.

(b) (1) The free alienation of the legal estate by the trustee may not be suspended for a period exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in the State of Arkansas or in the state where the lands affected by the trust are situated. (2) Notwithstanding subdivision (b)(1) of this section, a contingent remainder in fee may be created on a prior remainder in fee to take effect if the person to whom the first remainder is limited dies under twenty-one (21) years of age, or upon any other contingency by which the estate of that person may be determined before he or she attains twenty-one (21) years of age.

(1) The free alienation of the legal estate by the trustee may not be suspended for a period exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in the State of Arkansas or in the state where the lands affected by the trust are situated.

(2) Notwithstanding subdivision (b)(1) of this section, a contingent remainder in fee may be created on a prior remainder in fee to take effect if the person to whom the first remainder is limited dies under twenty-one (21) years of age, or upon any other contingency by which the estate of that person may be determined before he or she attains twenty-one (21) years of age.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-66-124 — AR Code / Title 28 / Chapter 66 / Section 28-66-124
Time of taking effect
Status: in_force

This chapter shall take effect from and after June 10, 1943. Acts 1943, No. 177, § 24; A.S.A. 1947, § 57-522n.

This chapter shall take effect from and after June 10, 1943.

Acts 1943, No. 177, § 24; A.S.A. 1947, § 57-522n.
Ark. Code Ann. § 28-65-502 — AR Code / Title 28 / Chapter 65 / Subchapter 5 / Section 28-65-502
Dispensing with guardianship in small estate
Status: in_force

When the whole estate of a minor or an incompetent does not exceed the value of twenty-five thousand dollars ($25,000), the court, in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment or delivery of all or any part of the estate to the minor or incompetent or to some suitable person, institution, or agency for him or her, to be retained, used, expended, distributed, or disposed of for the benefit of the minor or incompetent as the court may direct. Amended by Act 2023, No. 326,§ 9, eff. 8/1/2023. Acts 1985, No. 940, § 50; A.S.A. 1947, § 57-869; Acts 1993, No. 105, § 1.

When the whole estate of a minor or an incompetent does not exceed the value of twenty-five thousand dollars ($25,000), the court, in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment or delivery of all or any part of the estate to the minor or incompetent or to some suitable person, institution, or agency for him or her, to be retained, used, expended, distributed, or disposed of for the benefit of the minor or incompetent as the court may direct.

Amended by Act 2023, No. 326,§ 9, eff. 8/1/2023.

Acts 1985, No. 940, § 50; A.S.A. 1947, § 57-869; Acts 1993, No. 105, § 1.
Ark. Code Ann. § 28-70-604 — AR Code / Title 28 / Chapter 70 / Subchapter 6 / Section 28-70-604
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 604.

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

Acts 1999, No. 647, § 604.
Ark. Code Ann. § 28-69-810 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-810
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2009, No. 262, § 1.

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

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-39-404 — AR Code / Title 28 / Chapter 39 / Subchapter 4 / Section 28-39-404
Form of election - Filing
Status: in_force

(a) (1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court. (2) It shall be in substantially the following form: Click here to view form. (b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election. Acts 1949, No. 140, § 36; 1970 (1st Ex. Sess.), No. 14, § 2; A.S.A. 1947, § 60-504; Acts 2003, No. 1185, § 276.

(a) (1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court. (2) It shall be in substantially the following form: Click here to view form.

(1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court.

(A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and

(B) Filed in the office of the probate clerk of the circuit court.

(2) It shall be in substantially the following form: Click here to view form.

Click here to view form.

(b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.

Acts 1949, No. 140, § 36; 1970 (1st Ex. Sess.), No. 14, § 2; A.S.A. 1947, § 60-504; Acts 2003, No. 1185, § 276.

39_404_1 - Attachment
Ark. Code Ann. § 28-1-103 — AR Code / Title 28 / Chapter 1 / Section 28-1-103
Effect of code
Status: in_force

(a) Effective Date. The Probate Code shall take effect on July 1, 1949, except that, when its application, or parts thereof, would not be feasible or would work injustice in particular proceedings then pending, the former procedure shall apply. (b) Rights Not Affected. Acts done and rights accrued prior to July 1, 1949, shall not be affected or impaired by its provisions. When a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before the Probate Code takes effect, the provision shall remain in force and be deemed a part of the Probate Code with respect to such a right. Acts 1949, No. 140, § 2; A.S.A. 1947, § 62-2002.

(a) Effective Date. The Probate Code shall take effect on July 1, 1949, except that, when its application, or parts thereof, would not be feasible or would work injustice in particular proceedings then pending, the former procedure shall apply.

(b) Rights Not Affected. Acts done and rights accrued prior to July 1, 1949, shall not be affected or impaired by its provisions. When a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before the Probate Code takes effect, the provision shall remain in force and be deemed a part of the Probate Code with respect to such a right.

Acts 1949, No. 140, § 2; A.S.A. 1947, § 62-2002.
Ark. Code Ann. § 28-42-111 — AR Code / Title 28 / Chapter 42 / Section 28-42-111
Jurisdiction over foreign personal representative
Status: in_force

(a) A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by: (1) Receiving payment of money, or taking delivery of personal property under § 28-42-110 ; or (2) Doing any act as a personal representative in this state which would have given the state jurisdiction over him or her as an individual. (b) Jurisdiction under subdivision (a)(1) of this section shall be limited to the money or value of personal property collected. Acts 1981, No. 370, § 2; A.S.A. 1947, § 62-3111.

(a) A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by: (1) Receiving payment of money, or taking delivery of personal property under § 28-42-110 ; or (2) Doing any act as a personal representative in this state which would have given the state jurisdiction over him or her as an individual.

(1) Receiving payment of money, or taking delivery of personal property under § 28-42-110 ; or

(2) Doing any act as a personal representative in this state which would have given the state jurisdiction over him or her as an individual.

(b) Jurisdiction under subdivision (a)(1) of this section shall be limited to the money or value of personal property collected.

Acts 1981, No. 370, § 2; A.S.A. 1947, § 62-3111.
Ark. Code Ann. § 28-53-112 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-112
Interest - Income and increment
Status: in_force

(a) Interest. Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not before that time. (b) Income and Increment. Unless otherwise provided in the will, a specific devise of property shall be construed to include income or increment accruing to the property while in the hands of the personal representative. (c) Allocation of Trust Income. When property is devised to a trustee upon a trust which separates the beneficial interest in the income and principal of the trust, the income which accrues to the property so devised during the administration of the estate shall be treated as income by the trustee when received by him or her. Acts 1949, No. 140, § 166; 1975, No. 620, § 11; A.S.A. 1947, § 62-2907.

(a) Interest. Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not before that time.

(b) Income and Increment. Unless otherwise provided in the will, a specific devise of property shall be construed to include income or increment accruing to the property while in the hands of the personal representative.

(c) Allocation of Trust Income. When property is devised to a trustee upon a trust which separates the beneficial interest in the income and principal of the trust, the income which accrues to the property so devised during the administration of the estate shall be treated as income by the trustee when received by him or her.

Acts 1949, No. 140, § 166; 1975, No. 620, § 11; A.S.A. 1947, § 62-2907.
Ark. Code Ann. § 28-74-208 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-208
Notice of proceeding
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state, except that in a proceeding under the Adult Custody Maltreatment Act, § 9-20-101 et seq., the Department of Human Services shall provide only the notice required by the Adult Custody Maltreatment Act, § 9-20-101 et seq. The notice must be given in the same manner as notice is required to be given in this state. Acts 2011, No. 159, § 1.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state, except that in a proceeding under the Adult Custody Maltreatment Act, § 9-20-101 et seq., the Department of Human Services shall provide only the notice required by the Adult Custody Maltreatment Act, § 9-20-101 et seq. The notice must be given in the same manner as notice is required to be given in this state.

Acts 2011, No. 159, § 1.