Ark. Code Ann. § 28-53-108 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-108
Contribution
Status: in_force

(a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken so as to accomplish an abatement in accordance with the provisions of § 28-53-107 . (b) The court shall determine, at the time of the hearing on the petition for final distribution, the amounts of the respective contributions and whether the contributions shall be made before distribution or shall constitute a lien on specific property which is distributed. Acts 1949, No. 140, § 163; A.S.A. 1947, § 62-2904.

(a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken so as to accomplish an abatement in accordance with the provisions of § 28-53-107 .

(b) The court shall determine, at the time of the hearing on the petition for final distribution, the amounts of the respective contributions and whether the contributions shall be made before distribution or shall constitute a lien on specific property which is distributed.

Acts 1949, No. 140, § 163; A.S.A. 1947, § 62-2904.
Ark. Code Ann. § 28-39-105 — AR Code / Title 28 / Chapter 39 / Subchapter 1 / Section 28-39-105
Advancements to minor distributees
Status: in_force

If the court finds that the estate is evidently solvent and that the share of a distributee who is a minor is sufficient to provide therefor, the court may order the personal representative to pay an allowance, reasonable according to the usual standard of living of the family, to the guardian of the person or estate of the minor distributee for his or her maintenance, care, or education, and to charge the allowance against the share of the distributee. Acts 1949, No. 140, § 109; A.S.A. 1947, § 62-2502.

If the court finds that the estate is evidently solvent and that the share of a distributee who is a minor is sufficient to provide therefor, the court may order the personal representative to pay an allowance, reasonable according to the usual standard of living of the family, to the guardian of the person or estate of the minor distributee for his or her maintenance, care, or education, and to charge the allowance against the share of the distributee.

Acts 1949, No. 140, § 109; A.S.A. 1947, § 62-2502.
Ark. Code Ann. § 28-77-506 — AR Code / Title 28 / Chapter 77 / Subchapter 5 / Section 28-77-506
Income taxes
Status: in_force

(a) A tax required to be paid by a fiduciary which is based on receipts allocated to income must be paid from income. (b) A tax required to be paid by a fiduciary which is based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority. (c) Subject to subsection (d) and §§ 28-77-504 , 28-77-505 , and 28-77-507 , a tax required to be paid by a fiduciary on a share of an entity's taxable income in an accounting period must be paid from: (1) income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and (2) principal to the extent the tax exceeds the receipts from the entity in the period. (d) After applying subsections (a) through (c), a fiduciary shall adjust income or principal receipts, to the extent the taxes the fiduciary pays are reduced because of a deduction for a payment made to a beneficiary. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) A tax required to be paid by a fiduciary which is based on receipts allocated to income must be paid from income.

(b) A tax required to be paid by a fiduciary which is based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

(c) Subject to subsection (d) and §§ 28-77-504 , 28-77-505 , and 28-77-507 , a tax required to be paid by a fiduciary on a share of an entity's taxable income in an accounting period must be paid from: (1) income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and (2) principal to the extent the tax exceeds the receipts from the entity in the period.

(1) income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and

(2) principal to the extent the tax exceeds the receipts from the entity in the period.

(d) After applying subsections (a) through (c), a fiduciary shall adjust income or principal receipts, to the extent the taxes the fiduciary pays are reduced because of a deduction for a payment made to a beneficiary.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-48-107 — AR Code / Title 28 / Chapter 48 / Subchapter 1 / Section 28-48-107
Successor personal representatives
Status: in_force

(a) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint another personal representative in his or her place upon the motion or petition of an interested person. (b) When a personal representative in succession or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of his or her predecessor or of the executor nominated in the will, except that he or she shall not exercise powers given in the will which by its terms are clearly personal to the executor therein nominated. Acts 1949, No. 140, §§ 73, 74; A.S.A. 1947, §§ 62-2204, 62-2205.

(a) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint another personal representative in his or her place upon the motion or petition of an interested person.

(b) When a personal representative in succession or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of his or her predecessor or of the executor nominated in the will, except that he or she shall not exercise powers given in the will which by its terms are clearly personal to the executor therein nominated.

Acts 1949, No. 140, §§ 73, 74; A.S.A. 1947, §§ 62-2204, 62-2205.
Ark. Code Ann. § 28-68-123 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-123
Remedies under other law
Status: in_force

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter. Acts 2011, No. 805, § 1.

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-69-403 — AR Code / Title 28 / Chapter 69 / Subchapter 4 / Section 28-69-403
Revocation, etc., by other means not precluded
Status: in_force

Nothing in this subchapter shall prevent revocation, modification, or termination of a trust pursuant to its terms, or otherwise in accordance with applicable law. Acts 1989, No. 841, § 3.

Nothing in this subchapter shall prevent revocation, modification, or termination of a trust pursuant to its terms, or otherwise in accordance with applicable law.

Acts 1989, No. 841, § 3.
Ark. Code Ann. § 28-76-103 — AR Code / Title 28 / Chapter 76 / Section 28-76-103
Application - Principal place of administration
Status: in_force

(a) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (1) If the trust was created before January 1, 2020, this chapter applies only to a decision or action occurring on or after January 1, 2020. (2) If the principal place of administration of the trust is changed to this state on or after January 1, 2020, this chapter applies only to a decision or action occurring on or after the date of the change. (b) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust are valid and controlling if: (1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (2) all or part of the administration occurs in the designated jurisdiction. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (1) If the trust was created before January 1, 2020, this chapter applies only to a decision or action occurring on or after January 1, 2020. (2) If the principal place of administration of the trust is changed to this state on or after January 1, 2020, this chapter applies only to a decision or action occurring on or after the date of the change.

(1) If the trust was created before January 1, 2020, this chapter applies only to a decision or action occurring on or after January 1, 2020.

(2) If the principal place of administration of the trust is changed to this state on or after January 1, 2020, this chapter applies only to a decision or action occurring on or after the date of the change.

(b) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust are valid and controlling if: (1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (2) all or part of the administration occurs in the designated jurisdiction.

(1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or

(2) all or part of the administration occurs in the designated jurisdiction.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-76-108 — AR Code / Title 28 / Chapter 76 / Section 28-76-108
Duty and liability of trust director
Status: in_force

(a) Subject to subsection (b), with respect to a power of direction or further power under § 28-76-106(b)(1) : (1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or (B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and (2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances. (b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter. (c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) Subject to subsection (b), with respect to a power of direction or further power under § 28-76-106(b)(1) : (1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or (B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and (2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(1) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or (B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(A) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or

(B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and

(2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.

(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter.

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

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-70-605 — AR Code / Title 28 / Chapter 70 / Subchapter 6 / Section 28-70-605
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 605.

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

Acts 1999, No. 647, § 605.
Ark. Code Ann. § 28-65-701 — AR Code / Title 28 / Chapter 65 / Subchapter 7 / Section 28-65-701
Office of Public Guardian for Adults - Creation
Status: in_force

(a) The Office of Public Guardian for Adults is created. (b) The Public Guardian for Adults shall be the administrator of the office. Acts 2007, No. 862, § 4.

(a) The Office of Public Guardian for Adults is created.

(b) The Public Guardian for Adults shall be the administrator of the office.

Acts 2007, No. 862, § 4.
Ark. Code Ann. § 28-67-110 — AR Code / Title 28 / Chapter 67 / Section 28-67-110
Compensation
Status: in_force

The conservator shall receive as compensation for his or her services the compensation provided by law for guardians. Acts 1975, No. 372, § 8; A.S.A. 1947, § 57-708.

The conservator shall receive as compensation for his or her services the compensation provided by law for guardians.

Acts 1975, No. 372, § 8; A.S.A. 1947, § 57-708.
Ark. Code Ann. § 28-73-903 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-903
Diversification
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. Acts 2005, No. 1031, § 1.

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-12-113 — AR Code / Title 28 / Chapter 12 / Section 28-12-113
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 13.

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

Acts 1981, No. 660, § 13.
Ark. Code Ann. § 28-74-502 — AR Code / Title 28 / Chapter 74 / Subchapter 5 / Section 28-74-502
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Acts 2011, No. 159, § 1.

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

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-15-104 — AR Code / Title 28 / Chapter 15 / Section 28-15-104
Form of partition, reclassification, or waiver
Status: in_force

(a) Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses. (b) A community-property spouse domiciled in this state may waive a right granted by this chapter only by complying with the law of this state, including this state's choice-of-law rules, applicable to waiver of a spousal property right. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses.

(b) A community-property spouse domiciled in this state may waive a right granted by this chapter only by complying with the law of this state, including this state's choice-of-law rules, applicable to waiver of a spousal property right.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-15-107 — AR Code / Title 28 / Chapter 15 / Section 28-15-107
Other remedies available at death
Status: in_force

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or (2) the decedent that takes effect at the death of the decedent. (b) In determining a right under subsection (a) and corresponding remedy, the court: (1) shall apply equitable principles; and (2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or (2) the decedent that takes effect at the death of the decedent.

(1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or

(2) the decedent that takes effect at the death of the decedent.

(b) In determining a right under subsection (a) and corresponding remedy, the court: (1) shall apply equitable principles; and (2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.

(1) shall apply equitable principles; and

(2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-9-201 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Inheritance Code of 1969". Acts 1969, No. 303, § 25; A.S.A. 1947, § 61-155.

This subchapter may be cited as the "Arkansas Inheritance Code of 1969".

Acts 1969, No. 303, § 25; A.S.A. 1947, § 61-155.
Ark. Code Ann. § 28-65-204 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-204
Preferences
Status: in_force

(a) The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all others for appointment as guardian of the person. (b) Subject to this rule, the court shall appoint as guardian of an incapacitated person the one most suitable who is willing to serve, having due regard to: (1) Any request contained in a will or other written instrument executed by the parent or by the legal custodian of a minor child for the appointment of a person as guardian of the minor child; (2) Any request for the appointment of a person as his or her guardian made by a minor fourteen (14) years of age or over; (3) Any request for the appointment of a person made by the spouse of an incapacitated person; (4) The relationship by blood or marriage to the person for whom guardianship is sought. (c) Prior to the appointment of a guardian, the court shall take into consideration any request made by the incapacitated person concerning his or her preference regarding the person to be appointed guardian. This request may be made to the court by any means, but there shall be no necessity that the incapacitated person appear before the court for the purpose of indicating his or her preference. Acts 1985, No. 940, § 9; A.S.A. 1947, § 57-828; Acts 1991, No. 11, § 1.

(a) The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all others for appointment as guardian of the person.

(b) Subject to this rule, the court shall appoint as guardian of an incapacitated person the one most suitable who is willing to serve, having due regard to: (1) Any request contained in a will or other written instrument executed by the parent or by the legal custodian of a minor child for the appointment of a person as guardian of the minor child; (2) Any request for the appointment of a person as his or her guardian made by a minor fourteen (14) years of age or over; (3) Any request for the appointment of a person made by the spouse of an incapacitated person; (4) The relationship by blood or marriage to the person for whom guardianship is sought.

(1) Any request contained in a will or other written instrument executed by the parent or by the legal custodian of a minor child for the appointment of a person as guardian of the minor child;

(2) Any request for the appointment of a person as his or her guardian made by a minor fourteen (14) years of age or over;

(3) Any request for the appointment of a person made by the spouse of an incapacitated person;

(4) The relationship by blood or marriage to the person for whom guardianship is sought.

(c) Prior to the appointment of a guardian, the court shall take into consideration any request made by the incapacitated person concerning his or her preference regarding the person to be appointed guardian. This request may be made to the court by any means, but there shall be no necessity that the incapacitated person appear before the court for the purpose of indicating his or her preference.

Acts 1985, No. 940, § 9; A.S.A. 1947, § 57-828; Acts 1991, No. 11, § 1.
Ark. Code Ann. § 28-15-114 — AR Code / Title 28 / Chapter 15 / Section 28-15-114
Transitional provision
Status: in_force

Except as provided in § 28-15-113 , this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after August 1, 2023, regardless of the date of death of the decedent. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

Except as provided in § 28-15-113 , this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after August 1, 2023, regardless of the date of death of the decedent.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-9-221 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-221
Child conceived after death of parent
Status: in_force

(a) A child of a decedent who is conceived and born after the death of the decedent shall be deemed the legitimate child of the decedent for the purposes of intestate succession if: (1) Either of the following apply: (A) The decedent consented in a record to the use of his or her genetic material to posthumously conceive a child by assisted reproduction; or (B) The intent of the decedent to conceive a child by assisted reproduction after the death of the decedent is established by clear and convincing evidence; and (2) The embryo of the posthumously conceived child is in utero no later than twenty-four (24) months after the death of the decedent. (b) (1) Within six (6) months of the death of a decedent, a person designated by the decedent to control the decedent's genetic material shall provide written notice advising the personal representative with the authority to control the distribution of the decedent's estate of the availability of the decedent's genetic material for possible use. (2) Failure to provide the notice required under subdivision (b)(1) of this section in a timely manner shall absolve a personal representative with the authority to control the distribution of the decedent's estate from liability for distributing the decedent's estate as otherwise authorized by law after the six-month period to provide the notice lapses. (3) If a personal representative with the authority to control the distribution of the decedent's estate receives the notice required under subdivision (b)(1) of this section before the six-month period to provide the notice lapses, the fiduciary shall retain any remaining assets of the decedent's estate to which a posthumous child of the decedent may have a valid claim until three (3) years after the death of the decedent. (c) Unless otherwise agreed by a decedent and his or her spouse, the consent of the decedent to posthumous conception with his or her spouse shall be automatically revoked upon the divorce of the decedent and his or her spouse. Amended by Act 2021, No. 924,§ 1, eff. 7/28/2021. Added by Act 2015, No. 1256,§ 1, eff. 7/22/2015.

(a) A child of a decedent who is conceived and born after the death of the decedent shall be deemed the legitimate child of the decedent for the purposes of intestate succession if: (1) Either of the following apply: (A) The decedent consented in a record to the use of his or her genetic material to posthumously conceive a child by assisted reproduction; or (B) The intent of the decedent to conceive a child by assisted reproduction after the death of the decedent is established by clear and convincing evidence; and (2) The embryo of the posthumously conceived child is in utero no later than twenty-four (24) months after the death of the decedent.

(1) Either of the following apply: (A) The decedent consented in a record to the use of his or her genetic material to posthumously conceive a child by assisted reproduction; or (B) The intent of the decedent to conceive a child by assisted reproduction after the death of the decedent is established by clear and convincing evidence; and

(A) The decedent consented in a record to the use of his or her genetic material to posthumously conceive a child by assisted reproduction; or

(B) The intent of the decedent to conceive a child by assisted reproduction after the death of the decedent is established by clear and convincing evidence; and

(2) The embryo of the posthumously conceived child is in utero no later than twenty-four (24) months after the death of the decedent.

(b) (1) Within six (6) months of the death of a decedent, a person designated by the decedent to control the decedent's genetic material shall provide written notice advising the personal representative with the authority to control the distribution of the decedent's estate of the availability of the decedent's genetic material for possible use. (2) Failure to provide the notice required under subdivision (b)(1) of this section in a timely manner shall absolve a personal representative with the authority to control the distribution of the decedent's estate from liability for distributing the decedent's estate as otherwise authorized by law after the six-month period to provide the notice lapses. (3) If a personal representative with the authority to control the distribution of the decedent's estate receives the notice required under subdivision (b)(1) of this section before the six-month period to provide the notice lapses, the fiduciary shall retain any remaining assets of the decedent's estate to which a posthumous child of the decedent may have a valid claim until three (3) years after the death of the decedent.

(1) Within six (6) months of the death of a decedent, a person designated by the decedent to control the decedent's genetic material shall provide written notice advising the personal representative with the authority to control the distribution of the decedent's estate of the availability of the decedent's genetic material for possible use.

(2) Failure to provide the notice required under subdivision (b)(1) of this section in a timely manner shall absolve a personal representative with the authority to control the distribution of the decedent's estate from liability for distributing the decedent's estate as otherwise authorized by law after the six-month period to provide the notice lapses.

(3) If a personal representative with the authority to control the distribution of the decedent's estate receives the notice required under subdivision (b)(1) of this section before the six-month period to provide the notice lapses, the fiduciary shall retain any remaining assets of the decedent's estate to which a posthumous child of the decedent may have a valid claim until three (3) years after the death of the decedent.

(c) Unless otherwise agreed by a decedent and his or her spouse, the consent of the decedent to posthumous conception with his or her spouse shall be automatically revoked upon the divorce of the decedent and his or her spouse.

Amended by Act 2021, No. 924,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 1256,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 28-73-111 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-111
Nonjudicial settlement agreements
Status: in_force

(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. (c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law. (d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the interpretation or construction of the terms of the trust; (2) the approval of a trustee's report or accounting; (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) the resignation or appointment of a trustee and the determination of a trustee's compensation; (5) transfer of a trust's principal place of administration; and (6) liability of a trustee for an action relating to the trust. (e) Any interested person may request a court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in § 28-73-301 et seq. was adequate, and to determine whether the agreement contains terms and conditions a court could have properly approved. Acts 2005, No. 1031, § 1.

(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.

(b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

(d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the interpretation or construction of the terms of the trust; (2) the approval of a trustee's report or accounting; (3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) the resignation or appointment of a trustee and the determination of a trustee's compensation; (5) transfer of a trust's principal place of administration; and (6) liability of a trustee for an action relating to the trust.

(1) the interpretation or construction of the terms of the trust;

(2) the approval of a trustee's report or accounting;

(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;

(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;

(5) transfer of a trust's principal place of administration; and

(6) liability of a trustee for an action relating to the trust.

(e) Any interested person may request a court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in § 28-73-301 et seq. was adequate, and to determine whether the agreement contains terms and conditions a court could have properly approved.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-70-302 — AR Code / Title 28 / Chapter 70 / Subchapter 3 / Section 28-70-302
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 302.

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

Acts 1999, No. 647, § 302.
Ark. Code Ann. § 28-27-106 — AR Code / Title 28 / Chapter 27 / Section 28-27-106
Effective date
Status: in_force

This chapter takes effect on August 1, 1995. Acts 1995, No. 751, § 6.

This chapter takes effect on August 1, 1995.

Acts 1995, No. 751, § 6.
Ark. Code Ann. § 28-11-201 — AR Code / Title 28 / Chapter 11 / Subchapter 2 / Section 28-11-201
Actions of spouse not to bar right to dower or curtesy
Status: in_force

(a) No act, deed, or conveyance executed or performed by one (1) spouse without the assent of the other spouse, evinced by acknowledgment in the manner required by law, shall pass the estate of dower or curtesy. (b) No judgment, default, covin, or crime of one (1) spouse shall prejudice the right of the other spouse to curtesy or dower, or preclude either spouse from the recovery thereof, if otherwise entitled thereto. Rev. Stat., ch. 52, § 16; C. & M. Dig., § 3529; Pope's Dig., § 4413; Acts 1981, No. 714, § 25; A.S.A. 1947, § 61-208.

(a) No act, deed, or conveyance executed or performed by one (1) spouse without the assent of the other spouse, evinced by acknowledgment in the manner required by law, shall pass the estate of dower or curtesy.

(b) No judgment, default, covin, or crime of one (1) spouse shall prejudice the right of the other spouse to curtesy or dower, or preclude either spouse from the recovery thereof, if otherwise entitled thereto.

Rev. Stat., ch. 52, § 16; C. & M. Dig., § 3529; Pope's Dig., § 4413; Acts 1981, No. 714, § 25; A.S.A. 1947, § 61-208.
Ark. Code Ann. § 28-26-104 — AR Code / Title 28 / Chapter 26 / Section 28-26-104
Failure of a testamentary provision
Status: in_force

Unless a contrary intent is indicated by the terms of the will, the following rules shall apply: (1) Except as provided in subdivision (2) of this section: (A) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and (B) If the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue; and (2) Whenever property is devised to a child, natural or adopted, or other descendant of the testator, either by specific provision or as a member of a class, and the devisee shall die in the lifetime of the testator, leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse, but the property shall vest in the surviving child or other descendant of the devisee, as if the devisee had survived the testator and died intestate. Acts 1949, No. 140, § 26; 1979, No. 813, § 1; A.S.A. 1947, § 60-410.

Unless a contrary intent is indicated by the terms of the will, the following rules shall apply:

(1) Except as provided in subdivision (2) of this section: (A) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and (B) If the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue; and

(A) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and

(B) If the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue; and

(2) Whenever property is devised to a child, natural or adopted, or other descendant of the testator, either by specific provision or as a member of a class, and the devisee shall die in the lifetime of the testator, leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse, but the property shall vest in the surviving child or other descendant of the devisee, as if the devisee had survived the testator and died intestate.

Acts 1949, No. 140, § 26; 1979, No. 813, § 1; A.S.A. 1947, § 60-410.
Ark. Code Ann. § 28-42-101 — AR Code / Title 28 / Chapter 42 / Section 28-42-101
General law to apply
Status: in_force

Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents. Acts 1949, No. 140, § 187; A.S.A. 1947, § 62-3109.

Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents.

Acts 1949, No. 140, § 187; A.S.A. 1947, § 62-3109.
Ark. Code Ann. § 28-74-103 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-103
International application of chapter
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter, § 28-74-201 et seq., § 28-74-301 et seq., and § 28-74-501 et seq. Acts 2011, No. 159, § 1.

A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter, § 28-74-201 et seq., § 28-74-301 et seq., and § 28-74-501 et seq.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-73-807 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-807
Delegation by trustee
Status: in_force

(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (c) A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated. (d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of a court of this state. Acts 2005, No. 1031, § 1.

(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and

(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(c) A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.

(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of a court of this state.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-49-117 — AR Code / Title 28 / Chapter 49 / Section 28-49-117
Authority to execute joint tax returns
Status: in_force

(a) Except as otherwise directed by the decedent in his or her will, upon petition of a personal representative or guardian of the estate of an incompetent person, the personal representative or guardian shall have the authority, when authorized by the court: (1) To join with the spouse of a decedent or of a ward in the making of a joint income tax return for the decedent or ward and his or her spouse; (2) To require such indemnity, if any, as the court may direct; (3) To consent, for gift tax purposes, to gifts made by the spouse of a decedent or ward to the end that gifts to which consent is given shall be treated for gift tax purposes as if made one-half (½) by the decedent, or ward, and one-half (½) by his or her spouse; (4) To enter into a contract with the spouse of a decedent or ward in respect to any joint income tax return or any such consent, or in respect to any matter arising therefrom. (b) An order authorizing the personal representative or guardian to take any action authorized by this section shall be entered only upon a hearing, held after notice given to such persons as the court may direct. Any liability incurred by the fiduciary pursuant to any such order shall be incurred on behalf of the estate of the decedent or ward. Acts 1949, No. 140, § 105.1, as added by Acts 1951, No. 255, § 9; A.S.A. 1947, § 62-2412.1.

(a) Except as otherwise directed by the decedent in his or her will, upon petition of a personal representative or guardian of the estate of an incompetent person, the personal representative or guardian shall have the authority, when authorized by the court: (1) To join with the spouse of a decedent or of a ward in the making of a joint income tax return for the decedent or ward and his or her spouse; (2) To require such indemnity, if any, as the court may direct; (3) To consent, for gift tax purposes, to gifts made by the spouse of a decedent or ward to the end that gifts to which consent is given shall be treated for gift tax purposes as if made one-half (½) by the decedent, or ward, and one-half (½) by his or her spouse; (4) To enter into a contract with the spouse of a decedent or ward in respect to any joint income tax return or any such consent, or in respect to any matter arising therefrom.

(1) To join with the spouse of a decedent or of a ward in the making of a joint income tax return for the decedent or ward and his or her spouse;

(2) To require such indemnity, if any, as the court may direct;

(3) To consent, for gift tax purposes, to gifts made by the spouse of a decedent or ward to the end that gifts to which consent is given shall be treated for gift tax purposes as if made one-half (½) by the decedent, or ward, and one-half (½) by his or her spouse;

(4) To enter into a contract with the spouse of a decedent or ward in respect to any joint income tax return or any such consent, or in respect to any matter arising therefrom.

(b) An order authorizing the personal representative or guardian to take any action authorized by this section shall be entered only upon a hearing, held after notice given to such persons as the court may direct. Any liability incurred by the fiduciary pursuant to any such order shall be incurred on behalf of the estate of the decedent or ward.

Acts 1949, No. 140, § 105.1, as added by Acts 1951, No. 255, § 9; A.S.A. 1947, § 62-2412.1.
Ark. Code Ann. § 28-73-414 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-414
Modification or termination of uneconomic trust
Status: in_force

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than one hundred thousand dollars ($100,000) may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (b) A court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration. (c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (d) This section does not apply to an easement for conservation or preservation. Acts 2005, No. 1031, § 1.

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than one hundred thousand dollars ($100,000) may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.

(b) A court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

(d) This section does not apply to an easement for conservation or preservation.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-40-201 — AR Code / Title 28 / Chapter 40 / Subchapter 2 / Section 28-40-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Ante-Mortem Probate Act of 1979". Acts 1979, No. 194, § 1; A.S.A. 1947, § 62-2134.

This subchapter shall be known and may be cited as the "Arkansas Ante-Mortem Probate Act of 1979".

Acts 1979, No. 194, § 1; A.S.A. 1947, § 62-2134.
Ark. Code Ann. § 28-69-206 — AR Code / Title 28 / Chapter 69 / Subchapter 2 / Section 28-69-206
Deposit of funds - Collateral for uninsured deposit
Status: in_force

An Arkansas-chartered bank or savings and loan association that holds as trustee funds awaiting investment or distribution, if not prohibited by the instrument or judgment creating the trust, may deposit the funds in the commercial department of the bank or savings and loan association. However, if the amount of the deposit exceeds the Federal Deposit Insurance Corporation insurance coverage, the bank or savings and loan association shall pledge, as security for the payment of the deposit, bonds constituting general obligations of the United States or the State of Arkansas of a market value not less than the uninsured portion of the deposit. Amended by Act 2013, No. 1137,§ 3, eff. 8/16/2013. Acts 1981, No. 837, § 1; A.S.A. 1947, § 58-120.

An Arkansas-chartered bank or savings and loan association that holds as trustee funds awaiting investment or distribution, if not prohibited by the instrument or judgment creating the trust, may deposit the funds in the commercial department of the bank or savings and loan association. However, if the amount of the deposit exceeds the Federal Deposit Insurance Corporation insurance coverage, the bank or savings and loan association shall pledge, as security for the payment of the deposit, bonds constituting general obligations of the United States or the State of Arkansas of a market value not less than the uninsured portion of the deposit.

Amended by Act 2013, No. 1137,§ 3, eff. 8/16/2013.

Acts 1981, No. 837, § 1; A.S.A. 1947, § 58-120.
Ark. Code Ann. § 28-39-308 — AR Code / Title 28 / Chapter 39 / Subchapter 3 / Section 28-39-308
Surviving spouse's bequest of growing crop
Status: in_force

A surviving spouse may bequeath the crop in the ground of the land held by him or her in curtesy or dower at the time of his or her death. If he or she dies intestate, the crop shall go to his or her administrator. Rev. Stat., ch. 52, § 50; C. & M. Dig., § 3559; Pope's Dig., § 4445; Acts 1981, No. 714, § 62; A.S.A. 1947, § 62-720.

A surviving spouse may bequeath the crop in the ground of the land held by him or her in curtesy or dower at the time of his or her death. If he or she dies intestate, the crop shall go to his or her administrator.

Rev. Stat., ch. 52, § 50; C. & M. Dig., § 3559; Pope's Dig., § 4445; Acts 1981, No. 714, § 62; A.S.A. 1947, § 62-720.
Ark. Code Ann. § 28-40-202 — AR Code / Title 28 / Chapter 40 / Subchapter 2 / Section 28-40-202
Action for declaratory judgment
Status: in_force

(a) Any person who executes a will disposing of all or part of an estate located in Arkansas may institute an action in the circuit court of the appropriate county of this state for a declaratory judgment establishing the validity of the will. (b) All beneficiaries named in the will and all the testator's existing intestate successors shall be named parties to the action. (c) For the purpose of this subchapter, the beneficiaries and intestate successors shall be deemed possessed of inchoate property rights. (d) Service of process shall be as in other declaratory judgment actions. Acts 1979, No. 194, §§ 2, 3; A.S.A. 1947, §§ 62-2135, 62-2136.

(a) Any person who executes a will disposing of all or part of an estate located in Arkansas may institute an action in the circuit court of the appropriate county of this state for a declaratory judgment establishing the validity of the will.

(b) All beneficiaries named in the will and all the testator's existing intestate successors shall be named parties to the action.

(c) For the purpose of this subchapter, the beneficiaries and intestate successors shall be deemed possessed of inchoate property rights.

(d) Service of process shall be as in other declaratory judgment actions.

Acts 1979, No. 194, §§ 2, 3; A.S.A. 1947, §§ 62-2135, 62-2136.
Ark. Code Ann. § 28-69-703 — AR Code / Title 28 / Chapter 69 / Subchapter 7 / Section 28-69-703
Authority to divide trusts
Status: in_force

Unless expressly prohibited by the terms of the governing instrument, when property is held or to be held in a trust, the trustee is authorized, but not required, to divide the trust into two (2) or more separate trusts of equal or unequal value if the trustee determines that division of the trust is in the best interests of the beneficiaries or could result in a significant decrease in current or future federal income, gift, estate, or generation-skipping transfer taxes, or any other tax. Acts 1997, No. 585, § 1.

Unless expressly prohibited by the terms of the governing instrument, when property is held or to be held in a trust, the trustee is authorized, but not required, to divide the trust into two (2) or more separate trusts of equal or unequal value if the trustee determines that division of the trust is in the best interests of the beneficiaries or could result in a significant decrease in current or future federal income, gift, estate, or generation-skipping transfer taxes, or any other tax.

Acts 1997, No. 585, § 1.
Ark. Code Ann. § 28-73-201 — AR Code / Title 28 / Chapter 73 / Subchapter 2 / Section 28-73-201
Role of court in administration of trust
Status: in_force

(a) A court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust is not subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. Acts 2005, No. 1031, § 1.

(a) A court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(b) A trust is not subject to continuing judicial supervision unless ordered by the court.

(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-49-109 — AR Code / Title 28 / Chapter 49 / Section 28-49-109
Fraudulent conveyances
Status: in_force

(a) A personal representative of a grantor who has fraudulently conveyed or transferred any interest in real or personal property with intent to delay his or her creditors in the collection of their just demands may apply to a court of competent jurisdiction to have the conveyance or transfer set aside and cancelled and to recover the property, or the value thereof, for the use and benefit of all persons having an interest in the estate of the fraudulent grantor. (b) No property so conveyed or transferred shall be taken from, nor shall any recovery be had from, any person who acquired any legal interest therein for a valuable consideration in good faith and without notice. Acts 1949, No. 140, § 95; A.S.A. 1947, § 62-2402.

(a) A personal representative of a grantor who has fraudulently conveyed or transferred any interest in real or personal property with intent to delay his or her creditors in the collection of their just demands may apply to a court of competent jurisdiction to have the conveyance or transfer set aside and cancelled and to recover the property, or the value thereof, for the use and benefit of all persons having an interest in the estate of the fraudulent grantor.

(b) No property so conveyed or transferred shall be taken from, nor shall any recovery be had from, any person who acquired any legal interest therein for a valuable consideration in good faith and without notice.

Acts 1949, No. 140, § 95; A.S.A. 1947, § 62-2402.
Ark. Code Ann. § 28-49-105 — AR Code / Title 28 / Chapter 49 / Section 28-49-105
Recovery for property embezzled or converted
Status: in_force

If any person embezzles or converts to his or her own use any of the personal property of a decedent before the appointment of a personal representative, the person shall be liable to the estate for the value of the property so embezzled or converted. No person shall be charged as executor de son tort. Acts 1949, No. 140, § 101; A.S.A. 1947, § 62-2408.

If any person embezzles or converts to his or her own use any of the personal property of a decedent before the appointment of a personal representative, the person shall be liable to the estate for the value of the property so embezzled or converted. No person shall be charged as executor de son tort.

Acts 1949, No. 140, § 101; A.S.A. 1947, § 62-2408.
Ark. Code Ann. § 28-72-407 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-407
General duties of custodial trustee
Status: in_force

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise. (c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property. (d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for ............... (name of beneficiary) under the Arkansas Custodial Trust Act, § 28-72-401 et seq." (e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary. (f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust. Acts 1991, No. 273, § 7.

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.

(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.

(c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.

(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for ............... (name of beneficiary) under the Arkansas Custodial Trust Act, § 28-72-401 et seq."

(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.

(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.

Acts 1991, No. 273, § 7.
Ark. Code Ann. § 28-70-102 — AR Code / Title 28 / Chapter 70 / Subchapter 1 / Section 28-70-102
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 102.

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

Acts 1999, No. 647, § 102.
Ark. Code Ann. § 28-77-301 — AR Code / Title 28 / Chapter 77 / Subchapter 3 / Section 28-77-301
Definitions
Status: in_force

In this subchapter: (1) "Applicable value" means the amount of the net fair market value of a trust taken into account under § 28-77-307 . (2) "Express unitrust" means a trust for which, under the terms of the trust without regard to this subchapter, income or net income must or may be calculated as a unitrust amount. (3) "Income trust" means a trust that is not a unitrust. (4) "Net fair market value of a trust" means the fair market value of the assets of the trust, less the noncontingent liabilities of the trust. (5) "Unitrust" means a trust for which net income is a unitrust amount. The term includes an express unitrust. (6) "Unitrust amount" means an amount computed by multiplying a determined value of a trust by a determined percentage. For a unitrust administered under a unitrust policy, the term means the applicable value, multiplied by the unitrust rate. (7) "Unitrust policy" means a policy described in §§ 28-77-305 through 28-77-309 and adopted under § 28-77-303 . (8) "Unitrust rate" means the rate used to compute the unitrust amount under paragraph (6) for a unitrust administered under a unitrust policy. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

In this subchapter:

(1) "Applicable value" means the amount of the net fair market value of a trust taken into account under § 28-77-307 .

(2) "Express unitrust" means a trust for which, under the terms of the trust without regard to this subchapter, income or net income must or may be calculated as a unitrust amount.

(3) "Income trust" means a trust that is not a unitrust.

(4) "Net fair market value of a trust" means the fair market value of the assets of the trust, less the noncontingent liabilities of the trust.

(5) "Unitrust" means a trust for which net income is a unitrust amount. The term includes an express unitrust.

(6) "Unitrust amount" means an amount computed by multiplying a determined value of a trust by a determined percentage. For a unitrust administered under a unitrust policy, the term means the applicable value, multiplied by the unitrust rate.

(7) "Unitrust policy" means a policy described in §§ 28-77-305 through 28-77-309 and adopted under § 28-77-303 .

(8) "Unitrust rate" means the rate used to compute the unitrust amount under paragraph (6) for a unitrust administered under a unitrust policy.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-51-101 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-101
No priority between real and personal property
Status: in_force

(a) In determining what property of the estate shall be sold, mortgaged, leased, or exchanged for any purpose provided in § 28-51-103 , there shall be no priority as between real and personal property except as provided by the will, if any, or by order of the court or by the provisions of § 28-53-107 . (b) It shall not be necessary that assets of either class, real or personal, other than cash assets, be exhausted before resorting to an asset of the other class for the accomplishment of any purpose enumerated in § 28-51-103 . Acts 1949, No. 140, § 124; 1961, No. 424, § 2; A.S.A. 1947, § 62-2701.

(a) In determining what property of the estate shall be sold, mortgaged, leased, or exchanged for any purpose provided in § 28-51-103 , there shall be no priority as between real and personal property except as provided by the will, if any, or by order of the court or by the provisions of § 28-53-107 .

(b) It shall not be necessary that assets of either class, real or personal, other than cash assets, be exhausted before resorting to an asset of the other class for the accomplishment of any purpose enumerated in § 28-51-103 .

Acts 1949, No. 140, § 124; 1961, No. 424, § 2; A.S.A. 1947, § 62-2701.
Ark. Code Ann. § 28-2-213 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-213
When disclaimer barred or limited
Status: in_force

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accepts the interest sought to be disclaimed; (2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (3) a judicial sale of the interest sought to be disclaimed occurs. (c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise. (d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant. (e) A disclaimer is barred or limited if so provided by law other than this subchapter. (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred. Acts 2003, No. 610, § 13.

(a) A disclaimer is barred by a written waiver of the right to disclaim.

(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accepts the interest sought to be disclaimed; (2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (3) a judicial sale of the interest sought to be disclaimed occurs.

(1) the disclaimant accepts the interest sought to be disclaimed;

(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(3) a judicial sale of the interest sought to be disclaimed occurs.

(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(e) A disclaimer is barred or limited if so provided by law other than this subchapter.

(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred.

Acts 2003, No. 610, § 13.
Ark. Code Ann. § 28-40-302 — AR Code / Title 28 / Chapter 40 / Subchapter 3 / Section 28-40-302
Proving will
Status: in_force

No will of any testator shall be allowed to be proved as a lost or destroyed will unless: (1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and (2) The will is: (A) Proved to have been in existence at the time of the death of the testator; or (B) Shown to have been fraudulently destroyed in the lifetime of the testator. Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.

No will of any testator shall be allowed to be proved as a lost or destroyed will unless:

(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and

(2) The will is: (A) Proved to have been in existence at the time of the death of the testator; or (B) Shown to have been fraudulently destroyed in the lifetime of the testator.

(A) Proved to have been in existence at the time of the death of the testator; or

(B) Shown to have been fraudulently destroyed in the lifetime of the testator.

Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.
Ark. Code Ann. § 28-48-206 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-206
Increase or reduction in amount - Dispensing with bond
Status: in_force

The court may at any time increase, decrease, or dispense with the bond required of a personal representative when good cause appears upon a review of the court file, or upon the request of any interested party. Amended by Act 2023, No. 326,§ 5, eff. 8/1/2023. Acts 1949, No. 140, §§ 81, 88; 1951, No. 54, § 1; 1951, No. 255, § 6; 1961, No. 17, § 1; 1967, No. 287, § 7; 1975, No. 620, § 10; 1979, No. 384, § 1; A.S.A. 1947, §§ 62-2212, 62-2219; Acts 1999, No. 635, § 1.

The court may at any time increase, decrease, or dispense with the bond required of a personal representative when good cause appears upon a review of the court file, or upon the request of any interested party.

Amended by Act 2023, No. 326,§ 5, eff. 8/1/2023.

Acts 1949, No. 140, §§ 81, 88; 1951, No. 54, § 1; 1951, No. 255, § 6; 1961, No. 17, § 1; 1967, No. 287, § 7; 1975, No. 620, § 10; 1979, No. 384, § 1; A.S.A. 1947, §§ 62-2212, 62-2219; Acts 1999, No. 635, § 1.
Ark. Code Ann. § 28-77-802 — AR Code / Title 28 / Chapter 77 / Subchapter 8 / Section 28-77-802
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

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

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-42-109 — AR Code / Title 28 / Chapter 42 / Section 28-42-109
Transfer of residue to domiciliary personal representative
Status: in_force

(a) (1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction. (2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred. (b) Upon good cause shown, the court may order the sale of local assets by the ancillary personal representative for the purpose of transmitting the proceeds to the domiciliary personal representative. Acts 1949, No. 140, § 186; A.S.A. 1947, § 62-3108.

(a) (1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction. (2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred.

(1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction.

(2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred.

(b) Upon good cause shown, the court may order the sale of local assets by the ancillary personal representative for the purpose of transmitting the proceeds to the domiciliary personal representative.

Acts 1949, No. 140, § 186; A.S.A. 1947, § 62-3108.
Ark. Code Ann. § 28-49-108 — AR Code / Title 28 / Chapter 49 / Section 28-49-108
Mortgaged property
Status: in_force

(a) If a decedent has mortgaged any real or personal property, or has pledged any personal property, or at the time of his or her death owns an equity of redemption, and he or she has neither devised the property nor provided by will for the redemption thereof, the court may order the personal representative to redeem the property out of assets in his or her hands if the action would be beneficial to the estate and not injurious to creditors. (b) If redemption would be injurious to the estate or to the creditors, the court may order the personal representative to sell all of the right, title, and interest of the decedent in and to the property. Acts 1949, No. 140, § 98; A.S.A. 1947, § 62-2405.

(a) If a decedent has mortgaged any real or personal property, or has pledged any personal property, or at the time of his or her death owns an equity of redemption, and he or she has neither devised the property nor provided by will for the redemption thereof, the court may order the personal representative to redeem the property out of assets in his or her hands if the action would be beneficial to the estate and not injurious to creditors.

(b) If redemption would be injurious to the estate or to the creditors, the court may order the personal representative to sell all of the right, title, and interest of the decedent in and to the property.

Acts 1949, No. 140, § 98; A.S.A. 1947, § 62-2405.
Ark. Code Ann. § 28-72-603 — AR Code / Title 28 / Chapter 72 / Subchapter 6 / Section 28-72-603
Death of settlors
Status: in_force

(a) After the death of both settlors, all property held by the trustee of the qualified spousal trust shall be distributed as directed by the then-current terms of the governing instrument of the qualified spousal trust. (b) After the death of the first settlor, if immediately before his or her death the predeceased settlor's interest in the qualified spousal trust was held in a separate share, the property held in the predeceased settlor's separate share may pass into an irrevocable trust for the benefit of the surviving settlor as provided by the terms of the governing instrument, including without limitation a spendthrift provision. Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.

(a) After the death of both settlors, all property held by the trustee of the qualified spousal trust shall be distributed as directed by the then-current terms of the governing instrument of the qualified spousal trust.

(b) After the death of the first settlor, if immediately before his or her death the predeceased settlor's interest in the qualified spousal trust was held in a separate share, the property held in the predeceased settlor's separate share may pass into an irrevocable trust for the benefit of the surviving settlor as provided by the terms of the governing instrument, including without limitation a spendthrift provision.

Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 28-65-201 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-201
For whom guardian may be appointed
Status: in_force

(a) A guardian of the estate may be appointed for any incapacitated person. (b) A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of his or her minority. Acts 1985, No. 940, § 6; A.S.A. 1947, § 57-825.

(a) A guardian of the estate may be appointed for any incapacitated person.

(b) A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of his or her minority.

Acts 1985, No. 940, § 6; A.S.A. 1947, § 57-825.
Ark. Code Ann. § 28-76-107 — AR Code / Title 28 / Chapter 76 / Section 28-76-107
Limitations on trust director
Status: in_force

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding: (1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A) , as amended; and (2) a charitable interest in the trust, including notice regarding the interest to the Attorney General. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 28-76-106(b)(1) regarding:

(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A) , as amended; and

(2) a charitable interest in the trust, including notice regarding the interest to the Attorney General.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-76-113 — AR Code / Title 28 / Chapter 76 / Section 28-76-113
Limitation of action against trust director
Status: in_force

(a) An action against a trust director for breach of trust must be commenced within the same limitation period as under § 28-73-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances. (b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under § 28-73-1005 in an action for breach of trust against a trustee in a like position and under similar circumstances. Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

(a) An action against a trust director for breach of trust must be commenced within the same limitation period as under § 28-73-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances.

(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under § 28-73-1005 in an action for breach of trust against a trustee in a like position and under similar circumstances.

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-75-110 — AR Code / Title 28 / Chapter 28 / Section 28-75-110
Disclosure of other digital assets of principal
Status: in_force

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; 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 principal's account; or (B) evidence linking the account to the principal. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

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

(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; 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 principal's account; or (B) evidence linking the account to the principal.

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

(B) evidence linking the account to the principal.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-73-411 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-411
Modification or termination of noncharitable irrevocable trust by consent
Status: in_force

(a) (1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. (2) A settlor's power to consent to a trust's modification or termination may be exercised by: (A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; (B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (C) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. (b) A noncharitable irrevocable trust may be: (1) terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or (2) modified upon consent of all of the beneficiaries if a court concludes that modification is not inconsistent with a material purpose of the trust. (c) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust. (d) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries. (e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by a court if the court is satisfied that: (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and (2) the interests of a beneficiary who does not consent will be adequately protected. Acts 2005, No. 1031, § 1.

(a) (1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. (2) A settlor's power to consent to a trust's modification or termination may be exercised by: (A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; (B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (C) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

(1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust.

(2) A settlor's power to consent to a trust's modification or termination may be exercised by: (A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; (B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (C) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

(A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust;

(B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or

(C) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

(b) A noncharitable irrevocable trust may be: (1) terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or (2) modified upon consent of all of the beneficiaries if a court concludes that modification is not inconsistent with a material purpose of the trust.

(1) terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or

(2) modified upon consent of all of the beneficiaries if a court concludes that modification is not inconsistent with a material purpose of the trust.

(c) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.

(d) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries.

(e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by a court if the court is satisfied that: (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and (2) the interests of a beneficiary who does not consent will be adequately protected.

(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(2) the interests of a beneficiary who does not consent will be adequately protected.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-67-106 — AR Code / Title 28 / Chapter 67 / Section 28-67-106
Persons ineligible as conservator
Status: in_force

No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such a case. Acts 1975, No. 372, § 4; A.S.A. 1947, § 57-704.

No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such a case.

Acts 1975, No. 372, § 4; A.S.A. 1947, § 57-704.
Ark. Code Ann. § 28-73-706 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-706
Removal of trustee
Status: in_force

(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. (b) A court may remove a trustee if: (1) the trustee has committed a serious breach of trust; (2) lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or (4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available. (c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under § 28-73-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries. Acts 2005, No. 1031, § 1.

(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

(b) A court may remove a trustee if: (1) the trustee has committed a serious breach of trust; (2) lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or (4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(1) the trustee has committed a serious breach of trust;

(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under § 28-73-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-75-106 — AR Code / Title 28 / Chapter 28 / Section 28-75-106
Procedure for disclosing digital assets
Status: in_force

(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(1) grant a fiduciary or designated recipient full access to the user's account;

(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.

(c) A custodian need not disclose under this chapter a digital asset deleted by a user.

(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera.

(1) a subset limited by date of the user's digital assets;

(2) all of the user's digital assets to the fiduciary or designated recipient;

(3) none of the user's digital assets; or

(4) all of the user's digital assets to the court for review in camera.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-15-113 — AR Code / Title 28 / Chapter 15 / Section 28-15-113
Saving provision
Status: in_force

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before August 1, 2023, that statute continues to apply to the right even if the statute has been repealed or superseded by this chapter. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before August 1, 2023, that statute continues to apply to the right even if the statute has been repealed or superseded by this chapter.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-39-309 — AR Code / Title 28 / Chapter 39 / Subchapter 3 / Section 28-39-309
Recovery of dower or curtesy lands taken from surviving spouse - Damages
Status: in_force

If the land assigned and laid off to any surviving spouse is deforced from his or her possession, the surviving spouse shall have an action for the recovery of possession of the land, with double damages for the deforcement, or a surviving spouse may sue for the damages alone and recover double the actual damage sustained from time to time, until the surviving spouse is put in possession of the dower or curtesy held by the deforcer or detainer. Rev. Stat., ch. 52, § 48; C. & M. Dig., § 3557; Pope's Dig., § 4443; Acts 1981, No. 714, § 60; A.S.A. 1947, § 62-718.

If the land assigned and laid off to any surviving spouse is deforced from his or her possession, the surviving spouse shall have an action for the recovery of possession of the land, with double damages for the deforcement, or a surviving spouse may sue for the damages alone and recover double the actual damage sustained from time to time, until the surviving spouse is put in possession of the dower or curtesy held by the deforcer or detainer.

Rev. Stat., ch. 52, § 48; C. & M. Dig., § 3557; Pope's Dig., § 4443; Acts 1981, No. 714, § 60; A.S.A. 1947, § 62-718.
Ark. Code Ann. § 28-75-105 — AR Code / Title 28 / Chapter 28 / Section 28-75-105
Terms-of-service agreement
Status: in_force

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or a designated recipient acts or represents. (c) A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under § 28-75-104 . Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.

(b) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or a designated recipient acts or represents.

(c) A fiduciary's or a designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under § 28-75-104 .

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-71-102 — AR Code / Title 28 / Chapter 71 / Section 28-71-102
Power of court not limited by chapter
Status: in_force

Nothing contained in this chapter shall be construed to limit the power of a court of competent jurisdiction to permit a fiduciary to take any action, or to restrain a fiduciary from taking any action, notwithstanding the permissions or restrictions contained in any written instrument under which the fiduciary is acting. Acts 1955, No. 121, § 4; A.S.A. 1947, § 58-304.

Nothing contained in this chapter shall be construed to limit the power of a court of competent jurisdiction to permit a fiduciary to take any action, or to restrain a fiduciary from taking any action, notwithstanding the permissions or restrictions contained in any written instrument under which the fiduciary is acting.

Acts 1955, No. 121, § 4; A.S.A. 1947, § 58-304.
Ark. Code Ann. § 28-72-203 — AR Code / Title 28 / Chapter 72 / Subchapter 2 / Section 28-72-203
Trustee - Appointment and powers
Status: in_force

The instrument creating the trust may provide for the appointment, succession, powers, duties, term, and compensation of the trustee and may be for the term of the duration of any beneficiary or for a shorter term. In case of the failure of the trust instrument to make provision for any of the foregoing, or for anything necessary to the execution of the trust, the general laws of the state shall control with respect to the omission. Acts 1961, No. 459, § 5; A.S.A. 1947, § 58-405.

The instrument creating the trust may provide for the appointment, succession, powers, duties, term, and compensation of the trustee and may be for the term of the duration of any beneficiary or for a shorter term. In case of the failure of the trust instrument to make provision for any of the foregoing, or for anything necessary to the execution of the trust, the general laws of the state shall control with respect to the omission.

Acts 1961, No. 459, § 5; A.S.A. 1947, § 58-405.
Ark. Code Ann. § 28-76-116 — AR Code / Title 28 / Chapter 76 / Section 28-76-116
Office of trust director
Status: in_force

Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (1) acceptance under § 28-73-701 ; (2) giving of bond to secure performance under § 28-73-702 ; (3) reasonable compensation under § 28-73-708 ; (4) resignation under § 28-73-705 ; (5) removal under § 28-73-706 ; and (6) vacancy and appointment of successor under § 28-73-704 . Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:

(1) acceptance under § 28-73-701 ;

(2) giving of bond to secure performance under § 28-73-702 ;

(3) reasonable compensation under § 28-73-708 ;

(4) resignation under § 28-73-705 ;

(5) removal under § 28-73-706 ; and

(6) vacancy and appointment of successor under § 28-73-704 .

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-66-111 — AR Code / Title 28 / Chapter 66 / Section 28-66-111
Penalty for failure to account
Status: in_force

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due, or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the United States Department of Veterans Affairs a true copy of any account, petition, or pleading as required by this chapter, or fail to disclose the payment of interest on any loan or debt, such failure may in the discretion of the court be ground for his removal. Acts 1943, No. 177, § 11; A.S.A. 1947, § 57-511; Acts 2005, No. 658, § 2.

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due, or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the United States Department of Veterans Affairs a true copy of any account, petition, or pleading as required by this chapter, or fail to disclose the payment of interest on any loan or debt, such failure may in the discretion of the court be ground for his removal.

Acts 1943, No. 177, § 11; A.S.A. 1947, § 57-511; Acts 2005, No. 658, § 2.
Ark. Code Ann. § 28-2-201 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-201
Short title
Status: in_force

This subchapter may be cited as the "Uniform Disclaimer of Property Interests Act (1999)." Acts 2003, No. 610, § 1; 2009, No. 346, § 1.

This subchapter may be cited as the "Uniform Disclaimer of Property Interests Act (1999)."

Acts 2003, No. 610, § 1; 2009, No. 346, § 1.
Ark. Code Ann. § 28-54-105 — AR Code / Title 28 / Chapter 54 / Section 28-54-105
Credits and deferrals
Status: in_force

Except as otherwise provided in §§ 28-54-106 and 28-54-107 , the following rules apply to credits and deferrals of estate taxes: (1) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned. (2) A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary. (3) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property. Acts 2007, No. 276, § 1.

Except as otherwise provided in §§ 28-54-106 and 28-54-107 , the following rules apply to credits and deferrals of estate taxes:

(1) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned.

(2) A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary.

(3) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-25-103 — AR Code / Title 28 / Chapter 25 / Section 28-25-103
Execution generally
Status: in_force

(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses. (b) (1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either: (A) Himself or herself sign; (B) Acknowledge his or her signature already made; (C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or (D) (i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her. (ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator. (2) In any of the cases listed in subdivision (b)(1) of this section: (A) The signature must be at the end of the instrument; and (B) The act must be done in the presence of two (2) or more attesting witnesses. (c) The attesting witnesses must sign at the request and in the presence of the testator. Acts 1949, No. 140, § 19; A.S.A. 1947, § 60-403.

(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses.

(b) (1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either: (A) Himself or herself sign; (B) Acknowledge his or her signature already made; (C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or (D) (i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her. (ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator. (2) In any of the cases listed in subdivision (b)(1) of this section: (A) The signature must be at the end of the instrument; and (B) The act must be done in the presence of two (2) or more attesting witnesses.

(1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either: (A) Himself or herself sign; (B) Acknowledge his or her signature already made; (C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or (D) (i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her. (ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.

(A) Himself or herself sign;

(B) Acknowledge his or her signature already made;

(C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or

(D) (i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her. (ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.

(i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her.

(ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.

(2) In any of the cases listed in subdivision (b)(1) of this section: (A) The signature must be at the end of the instrument; and (B) The act must be done in the presence of two (2) or more attesting witnesses.

(A) The signature must be at the end of the instrument; and

(B) The act must be done in the presence of two (2) or more attesting witnesses.

(c) The attesting witnesses must sign at the request and in the presence of the testator.

Acts 1949, No. 140, § 19; A.S.A. 1947, § 60-403.
Ark. Code Ann. § 28-73-804 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-804
Prudent administration
Status: in_force

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. Acts 2005, No. 1031, § 1.

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-8-101 — AR Code / Title 28 / Chapter 8 / Section 28-8-101
Survivorship abolished
Status: in_force

All survivorships of real and personal estate are forever abolished. Rev. Stat., ch. 82, § 6; C. & M. Dig., § 6232; Pope's Dig., § 4351; A.S.A. 1947, § 61-114.

All survivorships of real and personal estate are forever abolished.

Rev. Stat., ch. 82, § 6; C. & M. Dig., § 6232; Pope's Dig., § 4351; A.S.A. 1947, § 61-114.
Ark. Code Ann. § 28-77-703 — AR Code / Title 28 / Chapter 77 / Subchapter 7 / Section 28-77-703
Apportionment when income interest ends
Status: in_force

(a) In this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. (b) Except as otherwise provided in subsection (c), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary's estate. (c) If a beneficiary has an unqualified power to withdraw more than five percent of the value of a trust immediately before an income interest ends: (1) the fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and (2) subsection (b) applies only to the balance of the undistributed income. (d) When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) In this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust.

(b) Except as otherwise provided in subsection (c), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date the interest ends, to the beneficiary's estate.

(c) If a beneficiary has an unqualified power to withdraw more than five percent of the value of a trust immediately before an income interest ends: (1) the fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and (2) subsection (b) applies only to the balance of the undistributed income.

(1) the fiduciary shall allocate to principal the undistributed income from the portion of the trust which may be withdrawn; and

(2) subsection (b) applies only to the balance of the undistributed income.

(d) When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-220 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-220
Successor guardian
Status: in_force

When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court may appoint another guardian in his or her place in the same manner and subject to the same requirements as are provided in this chapter for an original appointment of a guardian. Acts 1985, No. 940, § 23; A.S.A. 1947, § 57-842.

When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court may appoint another guardian in his or her place in the same manner and subject to the same requirements as are provided in this chapter for an original appointment of a guardian.

Acts 1985, No. 940, § 23; A.S.A. 1947, § 57-842.
Ark. Code Ann. § 28-73-801 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-801
Duty to administer trust
Status: in_force

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter. Acts 2005, No. 1031, § 1.

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-53-114 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-114
Distribution in kind
Status: in_force

(a) When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered. (b) (1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, and, if he or she notifies the personal representative before the thing is purchased, may elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain the purchase price. (2) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for the purchase in lieu of the annuity except to the extent that the will expressly provides that an assignable annuity be purchased. (c) Nothing in this section shall affect the rights of election by a surviving spouse against a testamentary provision as provided in the Probate Code. Acts 1949, No. 140, § 168; A.S.A. 1947, § 62-2909.

(a) When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered.

(b) (1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, and, if he or she notifies the personal representative before the thing is purchased, may elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain the purchase price. (2) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for the purchase in lieu of the annuity except to the extent that the will expressly provides that an assignable annuity be purchased.

(1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, and, if he or she notifies the personal representative before the thing is purchased, may elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain the purchase price.

(2) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for the purchase in lieu of the annuity except to the extent that the will expressly provides that an assignable annuity be purchased.

(c) Nothing in this section shall affect the rights of election by a surviving spouse against a testamentary provision as provided in the Probate Code.

Acts 1949, No. 140, § 168; A.S.A. 1947, § 62-2909.
Ark. Code Ann. § 28-75-103 — AR Code / Title 28 / Chapter 28 / Section 28-75-103
Applicability
Status: in_force

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after August 1, 2017; (3) a guardianship of the estate proceeding commenced before, on, or after August 1, 2017; and (4) a trustee acting under a trust created before, on, or after August 1, 2017. (b) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. (c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017; (2) a personal representative acting for a decedent who died before, on, or after August 1, 2017; (3) a guardianship of the estate proceeding commenced before, on, or after August 1, 2017; and (4) a trustee acting under a trust created before, on, or after August 1, 2017.

(1) a fiduciary acting under a will or power of attorney executed before, on, or after August 1, 2017;

(2) a personal representative acting for a decedent who died before, on, or after August 1, 2017;

(3) a guardianship of the estate proceeding commenced before, on, or after August 1, 2017; and

(4) a trustee acting under a trust created before, on, or after August 1, 2017.

(b) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.

(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-73-403 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-403
Trusts created in other jurisdictions
Status: in_force

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (1) the settlor was domiciled, had a place of abode, or was a national; (2) a trustee was domiciled or had a place of business; or (3) any trust property was located. Acts 2005, No. 1031, § 1.

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:

(1) the settlor was domiciled, had a place of abode, or was a national;

(2) a trustee was domiciled or had a place of business; or

(3) any trust property was located.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-69-305 — AR Code / Title 28 / Chapter 69 / Subchapter 3 / Section 28-69-305
Compliance with environmental law
Status: in_force

(a) The fiduciary shall be entitled to charge the cost of any inspection, review, abatement, response, cleanup, or remedial action authorized herein in compliance with environmental law against the income or principal of the trust or estate. (b) A fiduciary shall not be personally liable to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary's compliance with any environmental law, specifically including any reporting requirement under such a law. (c) Neither the acceptance by the fiduciary of property nor a failure by the fiduciary to inspect property shall be deemed to create any inference as to whether or not there is or may be any liability under any environmental law with respect to that property. Acts 1993, No. 421, § 3.

(a) The fiduciary shall be entitled to charge the cost of any inspection, review, abatement, response, cleanup, or remedial action authorized herein in compliance with environmental law against the income or principal of the trust or estate.

(b) A fiduciary shall not be personally liable to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary's compliance with any environmental law, specifically including any reporting requirement under such a law.

(c) Neither the acceptance by the fiduciary of property nor a failure by the fiduciary to inspect property shall be deemed to create any inference as to whether or not there is or may be any liability under any environmental law with respect to that property.

Acts 1993, No. 421, § 3.
Ark. Code Ann. § 28-10-209 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-209
Short title
Status: in_force

This subchapter may be cited as the "Uniform Simultaneous Death Act (2005)". Acts 2005, No. 74, § 1.

This subchapter may be cited as the "Uniform Simultaneous Death Act (2005)".

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-73-604 — AR Code / Title 28 / Chapter 73 / Subchapter 6 / Section 28-73-604
Limitation on action contesting validity of revocable trust - Distribution of trust property
Status: in_force

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) three (3) years after the settlor's death; or (2) ninety (90) days after the trustee sent the person a notice informing the person of the trust's existence, the settlor's name, the trustee's name and address, the time allowed for commencing a proceeding, and a description of the beneficiary's interest, if any. (b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for the distribution unless: (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification. (c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received. Acts 2005, No. 1031, § 1.

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: (1) three (3) years after the settlor's death; or (2) ninety (90) days after the trustee sent the person a notice informing the person of the trust's existence, the settlor's name, the trustee's name and address, the time allowed for commencing a proceeding, and a description of the beneficiary's interest, if any.

(1) three (3) years after the settlor's death; or

(2) ninety (90) days after the trustee sent the person a notice informing the person of the trust's existence, the settlor's name, the trustee's name and address, the time allowed for commencing a proceeding, and a description of the beneficiary's interest, if any.

(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for the distribution unless: (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification.

(1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or

(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification.

(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-121 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-121
Principles of law and equity
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. Acts 2011, No. 805, § 1.

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-69-702 — AR Code / Title 28 / Chapter 69 / Subchapter 7 / Section 28-69-702
Definitions
Status: in_force

As used in this subchapter: (1) "Trust" means any express trust, with additions thereto, wherever and however created, or any separate share of a trust and includes any arrangement other than an estate which, although not a trust, has substantially the same effect as a trust; and (2) "Trustee" means an original, additional, or successor trustee of an inter vivos or testamentary trust, whether or not appointed or confirmed by a court, and, in the case of an arrangement which is not an estate or a trust but which has substantially the same effect as a trust, the person in actual or constructive possession of the property subject to the arrangement. Acts 1997, No. 585, § 1.

As used in this subchapter:

(1) "Trust" means any express trust, with additions thereto, wherever and however created, or any separate share of a trust and includes any arrangement other than an estate which, although not a trust, has substantially the same effect as a trust; and

(2) "Trustee" means an original, additional, or successor trustee of an inter vivos or testamentary trust, whether or not appointed or confirmed by a court, and, in the case of an arrangement which is not an estate or a trust but which has substantially the same effect as a trust, the person in actual or constructive possession of the property subject to the arrangement.

Acts 1997, No. 585, § 1.
Ark. Code Ann. § 28-51-201 — AR Code / Title 28 / Chapter 51 / Subchapter 2 / Section 28-51-201
Sale, mortgage, lease, or exchange
Status: in_force

(a) The petition of a personal representative for authority to sell, mortgage, lease, or exchange personal property of an estate shall be heard without notice, or upon such notice as the court may direct. (b) The court, if satisfied as to the necessity or desirability of the action, may order the personal representative to proceed with the sale or other disposition at public or private sale and upon terms and conditions as by the court may be specifically directed. (c) The court shall prescribe safeguards to assure that the sale, mortgage, lease, or exchange is for an adequate consideration and for the best interest of the estate. (d) The court, in its discretion, may require confirmation of any sale or other disposition of personal property. Acts 1949, No. 140, § 134; A.S.A. 1947, § 62-2711.

(a) The petition of a personal representative for authority to sell, mortgage, lease, or exchange personal property of an estate shall be heard without notice, or upon such notice as the court may direct.

(b) The court, if satisfied as to the necessity or desirability of the action, may order the personal representative to proceed with the sale or other disposition at public or private sale and upon terms and conditions as by the court may be specifically directed.

(c) The court shall prescribe safeguards to assure that the sale, mortgage, lease, or exchange is for an adequate consideration and for the best interest of the estate.

(d) The court, in its discretion, may require confirmation of any sale or other disposition of personal property.

Acts 1949, No. 140, § 134; A.S.A. 1947, § 62-2711.
Ark. Code Ann. § 28-49-106 — AR Code / Title 28 / Chapter 49 / Section 28-49-106
Abandonment of property
Status: in_force

When any property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may order the personal representative to abandon it. Acts 1949, No. 140, § 100; A.S.A. 1947, § 62-2407.

When any property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may order the personal representative to abandon it.

Acts 1949, No. 140, § 100; A.S.A. 1947, § 62-2407.
Ark. Code Ann. § 28-13-111 — AR Code / Title 28 / Chapter 13 / Section 28-13-111
Review of proceedings
Status: in_force

Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment. Rev. Stat., ch. 57, § 21; C. & M. Dig., § 4098; Pope's Dig., § 5107; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1821.

Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment.

Rev. Stat., ch. 57, § 21; C. & M. Dig., § 4098; Pope's Dig., § 5107; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1821.
Ark. Code Ann. § 28-74-106 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-106
Taking testimony in another state
Status: in_force

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. Acts 2011, No. 159, § 1.

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-40-121 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-121
Finality of order - Conclusiveness of finding of death
Status: in_force

An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions: (1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court; (2) It may be vacated or modified for good cause as provided in § 28-1-115 ; and (3) (A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in § 28-40-112 , the court finds that the search was made. (B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands. Acts 1949, No. 140, § 61; A.S.A. 1947, § 62-2122.

An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:

(1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court;

(2) It may be vacated or modified for good cause as provided in § 28-1-115 ; and

(3) (A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in § 28-40-112 , the court finds that the search was made. (B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.

(A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in § 28-40-112 , the court finds that the search was made.

(B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.

Acts 1949, No. 140, § 61; A.S.A. 1947, § 62-2122.
Ark. Code Ann. § 28-65-317 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-317
Payment of claims
Status: in_force

(a) (1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of the ward or his or her estate and whether arising in contract or in tort or otherwise, upon allowance of the claim by the court or upon approval by the court in a settlement of the guardian's accounts. (2) The duty of the guardian to pay from the estate shall not preclude his or her personal liability for his or her own contracts and acts made and performed in behalf of the estate as it exists according to the common law. (b) Upon the petition of any person having a claim against the estate of a ward for services lawfully rendered to the ward or his or her estate for necessaries furnished to the ward, or for the payment of a lawful liquidated claim or demand against the estate of the ward, the court, after notice, upon appropriate hearing, may direct the guardian to pay the claim. Acts 1985, No. 940, § 38; A.S.A. 1947, § 57-857.

(a) (1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of the ward or his or her estate and whether arising in contract or in tort or otherwise, upon allowance of the claim by the court or upon approval by the court in a settlement of the guardian's accounts. (2) The duty of the guardian to pay from the estate shall not preclude his or her personal liability for his or her own contracts and acts made and performed in behalf of the estate as it exists according to the common law.

(1) A guardian of the estate is under a duty to pay from the estate all just claims against the estate of his or her ward, whether they constitute liabilities of the ward which arose prior to the guardianship or liabilities properly incurred by the guardian for the benefit of the ward or his or her estate and whether arising in contract or in tort or otherwise, upon allowance of the claim by the court or upon approval by the court in a settlement of the guardian's accounts.

(2) The duty of the guardian to pay from the estate shall not preclude his or her personal liability for his or her own contracts and acts made and performed in behalf of the estate as it exists according to the common law.

(b) Upon the petition of any person having a claim against the estate of a ward for services lawfully rendered to the ward or his or her estate for necessaries furnished to the ward, or for the payment of a lawful liquidated claim or demand against the estate of the ward, the court, after notice, upon appropriate hearing, may direct the guardian to pay the claim.

Acts 1985, No. 940, § 38; A.S.A. 1947, § 57-857.
Ark. Code Ann. § 28-50-103 — AR Code / Title 28 / Chapter 50 / Section 28-50-103
Form and verification of claims
Status: in_force

(a) No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, describe the nature and the amount of the claim, if ascertainable, and be accompanied by the affidavit of the claimant or someone for him or her that the amount is justly due or, if not yet due, when it will or may become due, that no payments have been made on the claim which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant, except as stated in the claim. (b) If the claim is contingent, the nature of the contingency shall be stated also. (c) If the claim has been assigned after the death of the decedent, the affidavit required in this section shall be made by or on behalf of the person owning the claim at the date of death of the decedent and by or on behalf of the assignee. (d) If a claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim. (e) The original instrument must be exhibited to the personal representative or court, upon demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim. Acts 1949, No. 140, § 112; A.S.A. 1947, § 62-2603.

(a) No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, describe the nature and the amount of the claim, if ascertainable, and be accompanied by the affidavit of the claimant or someone for him or her that the amount is justly due or, if not yet due, when it will or may become due, that no payments have been made on the claim which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant, except as stated in the claim.

(b) If the claim is contingent, the nature of the contingency shall be stated also.

(c) If the claim has been assigned after the death of the decedent, the affidavit required in this section shall be made by or on behalf of the person owning the claim at the date of death of the decedent and by or on behalf of the assignee.

(d) If a claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim.

(e) The original instrument must be exhibited to the personal representative or court, upon demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim.

Acts 1949, No. 140, § 112; A.S.A. 1947, § 62-2603.
Ark. Code Ann. § 28-10-208 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-208
Uniformity of application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it. Acts 2005, No. 74, § 1.

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-27-104 — AR Code / Title 28 / Chapter 27 / Section 28-27-104
Short title
Status: in_force

This chapter may be cited as the "Uniform Testamentary Additions to Trusts Act of 1995." Acts 1995, No. 751, § 4.

This chapter may be cited as the "Uniform Testamentary Additions to Trusts Act of 1995."

Acts 1995, No. 751, § 4.
Ark. Code Ann. § 28-74-104 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-104
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. Acts 2011, No. 159, § 1.

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-69-706 — AR Code / Title 28 / Chapter 69 / Subchapter 7 / Section 28-69-706
Applicability
Status: in_force

This subchapter applies to all trustees regardless of whether the trust was created before, on, or after the date of enactment. Acts 1997, No. 585, § 1.

This subchapter applies to all trustees regardless of whether the trust was created before, on, or after the date of enactment.

Acts 1997, No. 585, § 1.
Ark. Code Ann. § 28-9-220 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-220
Conveyance to heirs or next of kin - Doctrine of worthier title abolished
Status: in_force

(a) When any property is limited, mediately or immediately, in an otherwise effective testamentary conveyance, in form or in effect, to the heirs or next of kin of the conveyor, or to a person or persons who on the death of the conveyor are some or all of his or her heirs or next of kin, the conveyees acquire the property by purchase and not by descent. (b) When any property is limited in an otherwise effective conveyance inter vivos, in form or in effect, to the heirs or next of kin of the conveyor, which conveyance creates one (1) or more prior interests in favor of a person or persons in existence, the conveyance operates in favor of such heirs or next of kin by purchase and not by descent. Acts 1969, No. 303, §§ 21, 22; A.S.A. 1947, §§ 61-151, 61-152.

(a) When any property is limited, mediately or immediately, in an otherwise effective testamentary conveyance, in form or in effect, to the heirs or next of kin of the conveyor, or to a person or persons who on the death of the conveyor are some or all of his or her heirs or next of kin, the conveyees acquire the property by purchase and not by descent.

(b) When any property is limited in an otherwise effective conveyance inter vivos, in form or in effect, to the heirs or next of kin of the conveyor, which conveyance creates one (1) or more prior interests in favor of a person or persons in existence, the conveyance operates in favor of such heirs or next of kin by purchase and not by descent.

Acts 1969, No. 303, §§ 21, 22; A.S.A. 1947, §§ 61-151, 61-152.
Ark. Code Ann. § 28-73-1001 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1001
Remedies for breach of trust
Status: in_force

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing a breach of trust; (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) order a trustee to account; (5) appoint a special fiduciary to take possession of the trust property and administer the trust; (6) suspend the trustee; (7) remove the trustee as provided in § 28-73-706 ; (8) reduce or deny compensation to the trustee; (9) subject to § 28-73-1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (10) order any other appropriate relief. Acts 2005, No. 1031, § 1.

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(b) To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing a breach of trust; (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) order a trustee to account; (5) appoint a special fiduciary to take possession of the trust property and administer the trust; (6) suspend the trustee; (7) remove the trustee as provided in § 28-73-706 ; (8) reduce or deny compensation to the trustee; (9) subject to § 28-73-1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (10) order any other appropriate relief.

(1) compel the trustee to perform the trustee's duties;

(2) enjoin the trustee from committing a breach of trust;

(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;

(4) order a trustee to account;

(5) appoint a special fiduciary to take possession of the trust property and administer the trust;

(6) suspend the trustee;

(7) remove the trustee as provided in § 28-73-706 ;

(8) reduce or deny compensation to the trustee;

(9) subject to § 28-73-1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

(10) order any other appropriate relief.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-40-104 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-104
No will effectual until probated - Unprobated wills admitted as evidence
Status: in_force

(a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate. (b) Except as provided in § 28-41-101 , to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of probate by the circuit court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if: (1) No proceeding in circuit court concerning the succession or administration of the estate has occurred; and (2) Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings. (c) The provisions of subsections (b) and (c) of this section shall be supplemental to existing laws relating to the time limit for probate of wills, and the effect of unprobated wills, and shall not be construed to repeal § 28-40-103 and subsection (a) of this section or any other law not in direct conflict herewith. Acts 1949, No. 140, § 65; 1981, No. 347, §§ 1, 2; A.S.A. 1947, §§ 62-2126 -- 62-2126.2.

(a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.

(b) Except as provided in § 28-41-101 , to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of probate by the circuit court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if: (1) No proceeding in circuit court concerning the succession or administration of the estate has occurred; and (2) Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.

(1) No proceeding in circuit court concerning the succession or administration of the estate has occurred; and

(2) Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.

(c) The provisions of subsections (b) and (c) of this section shall be supplemental to existing laws relating to the time limit for probate of wills, and the effect of unprobated wills, and shall not be construed to repeal § 28-40-103 and subsection (a) of this section or any other law not in direct conflict herewith.

Acts 1949, No. 140, § 65; 1981, No. 347, §§ 1, 2; A.S.A. 1947, §§ 62-2126 -- 62-2126.2.
Ark. Code Ann. § 28-65-318 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-318
Compromise settlements
Status: in_force

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising out of contract, tort, or otherwise, and whether arising before or after the appointment of the guardian. (b) (1) A settlement of a tort claim against a ward made by or in behalf of the guardian of the estate shall be binding, if otherwise valid, without authorization or approval by the court. (2) However, a guardian shall not take credit in his or her accounts for any money or property expended by him or her in the settlement unless the guardian has first been authorized by the court to make the settlement or unless the guardian, after having made the settlement, establishes to the satisfaction of the court by clear and convincing evidence that the settlement was in the interest of the ward and his or her estate. (c) A discharge, acquittance, or receipt given by a guardian of the estate for any claim other than one arising out of tort shall be valid in favor of any person who takes it in good faith, but the guardian shall assume the burden of establishing that any compromise not previously approved by the court was made in the interest of the ward and his or her estate and shall be liable to his or her ward if he or she or his or her estate is injured thereby. Acts 1985, No. 940, § 39; A.S.A. 1947, § 57-858.

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising out of contract, tort, or otherwise, and whether arising before or after the appointment of the guardian.

(b) (1) A settlement of a tort claim against a ward made by or in behalf of the guardian of the estate shall be binding, if otherwise valid, without authorization or approval by the court. (2) However, a guardian shall not take credit in his or her accounts for any money or property expended by him or her in the settlement unless the guardian has first been authorized by the court to make the settlement or unless the guardian, after having made the settlement, establishes to the satisfaction of the court by clear and convincing evidence that the settlement was in the interest of the ward and his or her estate.

(1) A settlement of a tort claim against a ward made by or in behalf of the guardian of the estate shall be binding, if otherwise valid, without authorization or approval by the court.

(2) However, a guardian shall not take credit in his or her accounts for any money or property expended by him or her in the settlement unless the guardian has first been authorized by the court to make the settlement or unless the guardian, after having made the settlement, establishes to the satisfaction of the court by clear and convincing evidence that the settlement was in the interest of the ward and his or her estate.

(c) A discharge, acquittance, or receipt given by a guardian of the estate for any claim other than one arising out of tort shall be valid in favor of any person who takes it in good faith, but the guardian shall assume the burden of establishing that any compromise not previously approved by the court was made in the interest of the ward and his or her estate and shall be liable to his or her ward if he or she or his or her estate is injured thereby.

Acts 1985, No. 940, § 39; A.S.A. 1947, § 57-858.
Ark. Code Ann. § 28-68-104 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-104
Power of attorney is durable
Status: in_force

A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Acts 2011, No. 805, § 1.

A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-66-116 — AR Code / Title 28 / Chapter 66 / Section 28-66-116
Copies of public records to be furnished
Status: in_force

When a copy of any public record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record. Acts 1943, No. 177, § 16; A.S.A. 1947, § 57-516.

When a copy of any public record is required by the Veterans' Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record.

Acts 1943, No. 177, § 16; A.S.A. 1947, § 57-516.
Ark. Code Ann. § 28-40-123 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-123
Recording will in other counties
Status: in_force

The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office of the recorder in each county in this state other than the county of probate in which real property of the decedent is situated, the cost thereof to be an expense of the administration. Acts 1949, No. 140, § 63; A.S.A. 1947, § 62-2124.

The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office of the recorder in each county in this state other than the county of probate in which real property of the decedent is situated, the cost thereof to be an expense of the administration.

Acts 1949, No. 140, § 63; A.S.A. 1947, § 62-2124.
Ark. Code Ann. § 28-73-812 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-812
Collecting trust property
Status: in_force

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee. Acts 2005, No. 1031, § 1.

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-54-107 — AR Code / Title 28 / Chapter 54 / Section 28-54-107
Apportionment and recapture of special elective benefits
Status: in_force

(a) In this section: (1) "Special elective benefit" means a reduction in an estate tax obtained by an election for: (A) a reduced valuation of specified property that is included in the gross estate; (B) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or (C) an exclusion from the gross estate of specified property. (2) "Specified property" means property for which an election has been made for a special elective benefit. (b) If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax must be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made must be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate. (c) An additional estate tax imposed to recapture all or part of a special elective benefit must be charged to the persons that are liable for the additional tax under the law providing for the recapture. Acts 2007, No. 276, § 1.

(a) In this section: (1) "Special elective benefit" means a reduction in an estate tax obtained by an election for: (A) a reduced valuation of specified property that is included in the gross estate; (B) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or (C) an exclusion from the gross estate of specified property. (2) "Specified property" means property for which an election has been made for a special elective benefit.

(1) "Special elective benefit" means a reduction in an estate tax obtained by an election for: (A) a reduced valuation of specified property that is included in the gross estate; (B) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or (C) an exclusion from the gross estate of specified property.

(A) a reduced valuation of specified property that is included in the gross estate;

(B) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or

(C) an exclusion from the gross estate of specified property.

(2) "Specified property" means property for which an election has been made for a special elective benefit.

(b) If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax must be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made must be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate.

(c) An additional estate tax imposed to recapture all or part of a special elective benefit must be charged to the persons that are liable for the additional tax under the law providing for the recapture.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-73-708 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-708
Compensation of trustee
Status: in_force

(a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if: (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or (2) the compensation specified by the terms of the trust would be unreasonably low or high. Acts 2005, No. 1031, § 1.

(a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.

(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if: (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or (2) the compensation specified by the terms of the trust would be unreasonably low or high.

(1) the duties of the trustee are substantially different from those contemplated when the trust was created; or

(2) the compensation specified by the terms of the trust would be unreasonably low or high.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-122 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-122
Laws applicable to financial institutions and entities
Status: in_force

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. Acts 2011, No. 805, § 1.

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-70-501 — AR Code / Title 28 / Chapter 70 / Subchapter 5 / Section 28-70-501
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 501.

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

Acts 1999, No. 647, § 501.
Ark. Code Ann. § 28-11-202 — AR Code / Title 28 / Chapter 11 / Subchapter 2 / Section 28-11-202
Surviving spouse of alien entitled to dower or curtesy
Status: in_force

The surviving spouse of an alien shall be entitled to dower in the estate of the deceased spouse in the same manner as if the alien had been a native-born citizen of this state. Acts 1939, No. 313, § 4; A.S.A. 1947, § 61-231.

The surviving spouse of an alien shall be entitled to dower in the estate of the deceased spouse in the same manner as if the alien had been a native-born citizen of this state.

Acts 1939, No. 313, § 4; A.S.A. 1947, § 61-231.
Ark. Code Ann. § 28-68-216 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-216
Taxes
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A , as it existed on January 1, 2011, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years; (2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority; (3) exercise any election available to the principal under federal, state, local, or foreign tax law; and (4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority. Acts 2011, No. 805, § 1.

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

(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A , as it existed on January 1, 2011, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-40-105 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-105
Delivery of will by custodian
Status: in_force

(a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will. (b) (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person who is alleged to possess the will of a testator directing that the alleged will be produced at a time specified in the citation. (2) A person who willfully refuses or fails to deliver a will after being duly ordered by the court to do so shall be guilty of contempt of court. He or she shall also be liable to any aggrieved party for damages which may be sustained by such a refusal or failure. Acts 1949, No. 140, § 42; A.S.A. 1947, § 62-2103.

(a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will.

(b) (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person who is alleged to possess the will of a testator directing that the alleged will be produced at a time specified in the citation. (2) A person who willfully refuses or fails to deliver a will after being duly ordered by the court to do so shall be guilty of contempt of court. He or she shall also be liable to any aggrieved party for damages which may be sustained by such a refusal or failure.

(1) Upon the written motion of an interested person, the clerk shall issue a citation against any person who is alleged to possess the will of a testator directing that the alleged will be produced at a time specified in the citation.

(2) A person who willfully refuses or fails to deliver a will after being duly ordered by the court to do so shall be guilty of contempt of court. He or she shall also be liable to any aggrieved party for damages which may be sustained by such a refusal or failure.

Acts 1949, No. 140, § 42; A.S.A. 1947, § 62-2103.
Ark. Code Ann. § 28-42-110 — AR Code / Title 28 / Chapter 42 / Section 28-42-110
Payment of debt and delivery of property to domiciliary foreign personal representative
Status: in_force

(a) At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or deliver the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating: (1) The date of the death of the nonresident decedent; (2) That no local administration, or application or petition therefor, is pending in this state; and (3) That the domiciliary foreign personal representative is entitled to payment or delivery. (b) Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. (c) Payment or delivery under subsection (a) of this section may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. Acts 1981, No. 370, § 1; A.S.A. 1947, § 62-3110.

(a) At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or deliver the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating: (1) The date of the death of the nonresident decedent; (2) That no local administration, or application or petition therefor, is pending in this state; and (3) That the domiciliary foreign personal representative is entitled to payment or delivery.

(1) The date of the death of the nonresident decedent;

(2) That no local administration, or application or petition therefor, is pending in this state; and

(3) That the domiciliary foreign personal representative is entitled to payment or delivery.

(b) Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.

(c) Payment or delivery under subsection (a) of this section may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.

Acts 1981, No. 370, § 1; A.S.A. 1947, § 62-3110.
Ark. Code Ann. § 28-68-109 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-109
When power of attorney effective
Status: in_force

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. (c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A) ; or (2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B) . (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider. Acts 2011, No. 805, § 1.

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A) ; or (2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B) .

(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of § 28-68-102(5)(A) ; or

(2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of § 28-68-102(5)(B) .

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as it existed on January 1, 2011, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-39-207 — AR Code / Title 28 / Chapter 39 / Subchapter 2 / Section 28-39-207
Disturbance of possession - Penalty
Status: in_force

When the provisions of the foregoing sections have been complied with by the parties claimant, any administrators or executors of the estate of the deceased who shall assume the possession of or in any manner disturb the surviving spouse or children of the deceased in the enjoyment of the homestead, or undertake to sell the homestead, shall be adjudged guilty of a misdemeanor. Upon conviction, the administrator or executor shall be imprisoned in the county jail for a term not less than one (1) month nor more than two (2) months and shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall also be liable upon his or her official bond to the injured parties in twice the amount of damages which they may have sustained. Acts 1873, No. 105, § 9, p. 244; C. & M. Dig., § 5538; Pope's Dig., § 7177; Acts 1981, No. 714, § 48; A.S.A. 1947, § 62-609.

When the provisions of the foregoing sections have been complied with by the parties claimant, any administrators or executors of the estate of the deceased who shall assume the possession of or in any manner disturb the surviving spouse or children of the deceased in the enjoyment of the homestead, or undertake to sell the homestead, shall be adjudged guilty of a misdemeanor. Upon conviction, the administrator or executor shall be imprisoned in the county jail for a term not less than one (1) month nor more than two (2) months and shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall also be liable upon his or her official bond to the injured parties in twice the amount of damages which they may have sustained.

Acts 1873, No. 105, § 9, p. 244; C. & M. Dig., § 5538; Pope's Dig., § 7177; Acts 1981, No. 714, § 48; A.S.A. 1947, § 62-609.
Ark. Code Ann. § 28-77-104 — AR Code / Title 28 / Chapter 77 / Subchapter 1 / Section 28-77-104
Governing law
Status: in_force

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration of a trust to this state, the trustee submits to the application of this chapter to any matter within the scope of this chapter involving the trust. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is the principal place of administration of a trust or estate. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration of a trust to this state, the trustee submits to the application of this chapter to any matter within the scope of this chapter involving the trust.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-72-605 — AR Code / Title 28 / Chapter 72 / Subchapter 6 / Section 28-72-605
Applicability of other laws
Status: in_force

(a) The provisions of this subchapter are subject to the Uniform Voidable Transactions Act, § 4-59-201 et seq. (b) This subchapter applies to a trust that meets the description and requirements of a qualified spousal trust under this subchapter regardless of whether the trust was created before or after July 24, 2019. Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.

(a) The provisions of this subchapter are subject to the Uniform Voidable Transactions Act, § 4-59-201 et seq.

(b) This subchapter applies to a trust that meets the description and requirements of a qualified spousal trust under this subchapter regardless of whether the trust was created before or after July 24, 2019.

Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 28-69-204 — AR Code / Title 28 / Chapter 69 / Subchapter 2 / Section 28-69-204
Registration or transfer of investments - Liability of third parties
Status: in_force

If a fiduciary or the nominee of a fiduciary in whose name are registered, or are to be registered, any shares of stocks, bonds, or other securities of any public or private corporation, company, other association, or of any trust, applies for the registration or transfer of the shares, then the corporation, company, other association, or any of the managers of the trust or its or their transfer agent, is not bound to inquire whether the fiduciary or nominee is committing a breach of his or her obligation as fiduciary or nominee in making the registration or transfer nor to see to the performance of the fiduciary obligation. The corporation, company, other association, or any of the managers of the trust, or its or their transfer agent, are liable for the registration or transfer only where the registration or transfer is made with actual knowledge that the fiduciary or nominee is committing a breach of trust in requesting the registration or transfer or with knowledge of the facts that its or their participation in the registration or transfer amounts to bad faith. Acts 1947, No. 394, § 4; A.S.A. 1947, § 58-109.

If a fiduciary or the nominee of a fiduciary in whose name are registered, or are to be registered, any shares of stocks, bonds, or other securities of any public or private corporation, company, other association, or of any trust, applies for the registration or transfer of the shares, then the corporation, company, other association, or any of the managers of the trust or its or their transfer agent, is not bound to inquire whether the fiduciary or nominee is committing a breach of his or her obligation as fiduciary or nominee in making the registration or transfer nor to see to the performance of the fiduciary obligation. The corporation, company, other association, or any of the managers of the trust, or its or their transfer agent, are liable for the registration or transfer only where the registration or transfer is made with actual knowledge that the fiduciary or nominee is committing a breach of trust in requesting the registration or transfer or with knowledge of the facts that its or their participation in the registration or transfer amounts to bad faith.

Acts 1947, No. 394, § 4; A.S.A. 1947, § 58-109.