Ark. Code Ann. § 28-13-112 — AR Code / Title 28 / Chapter 13 / Section 28-13-112
County treasurer's duties
Status: in_force

The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter. Rev. Stat., ch. 57, § 22; C. & M. Dig., § 4099; Pope's Dig., § 5108; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1822.

The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter.

Rev. Stat., ch. 57, § 22; C. & M. Dig., § 4099; Pope's Dig., § 5108; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1822.
Ark. Code Ann. § 28-50-102 — AR Code / Title 28 / Chapter 50 / Section 28-50-102
Commencement or revival of actions
Status: in_force

(a) The provisions of § 28-50-101 shall not preclude the commencement or continuance of separate actions against the personal representative as such for the debts and other liabilities of the decedent, if commenced or revived within the periods stated in § 28-50-101 . (b) Any action pending against any person at the time of his or her death, which survives against the personal representative, shall be considered a claim duly filed against the estate from the time the action is revived, and any action commenced against a personal representative as such after the death of the decedent shall be considered a claim duly filed against the estate from the time such an action is commenced, if, within the time required by § 28-50-101 for filing claims against the estate, the plaintiff in the action files with the circuit court in which the estate is being administered a copy of the petition for revivor or of the complaint or a statement signed by the plaintiff or his or her attorney setting forth a description of the nature of the action, the claim, or demand involved, the parties to the action, and the court in which the action is pending. (c) Nothing in this section shall impair the individual liability of the personal representative for his or her own acts and contracts in the administration of the estate. Acts 1949, No. 140, § 111; A.S.A. 1947, § 62-2602.

(a) The provisions of § 28-50-101 shall not preclude the commencement or continuance of separate actions against the personal representative as such for the debts and other liabilities of the decedent, if commenced or revived within the periods stated in § 28-50-101 .

(b) Any action pending against any person at the time of his or her death, which survives against the personal representative, shall be considered a claim duly filed against the estate from the time the action is revived, and any action commenced against a personal representative as such after the death of the decedent shall be considered a claim duly filed against the estate from the time such an action is commenced, if, within the time required by § 28-50-101 for filing claims against the estate, the plaintiff in the action files with the circuit court in which the estate is being administered a copy of the petition for revivor or of the complaint or a statement signed by the plaintiff or his or her attorney setting forth a description of the nature of the action, the claim, or demand involved, the parties to the action, and the court in which the action is pending.

(c) Nothing in this section shall impair the individual liability of the personal representative for his or her own acts and contracts in the administration of the estate.

Acts 1949, No. 140, § 111; A.S.A. 1947, § 62-2602.
Ark. Code Ann. § 28-24-102 — AR Code / Title 28 / Chapter 24 / Section 28-24-102
Sale of property devised by ward not an ademption
Status: in_force

In case of a guardian's sale or other transfer of any real or personal property specifically devised by a ward who was competent to make the will, but was incompetent at the time of the sale or transfer and never became competent thereafter, so that the devised property is not contained in the estate at the time of the ward's death, the devisee may, at his or her option, take the value of the property at the time of the ward's death with the incidents of a general devise or take the proceeds thereof with the incidents of a specific devise. Acts 1949, No. 140, § 30; A.S.A. 1947, § 60-414.

In case of a guardian's sale or other transfer of any real or personal property specifically devised by a ward who was competent to make the will, but was incompetent at the time of the sale or transfer and never became competent thereafter, so that the devised property is not contained in the estate at the time of the ward's death, the devisee may, at his or her option, take the value of the property at the time of the ward's death with the incidents of a general devise or take the proceeds thereof with the incidents of a specific devise.

Acts 1949, No. 140, § 30; A.S.A. 1947, § 60-414.
Ark. Code Ann. § 28-50-110 — AR Code / Title 28 / Chapter 50 / Section 28-50-110
Contingent claims
Status: in_force

(a) (1) Contingent claims which cannot be allowed as absolute debts may, nevertheless, be filed in the court and proved. (2) If allowed as a contingent claim, the order of allowance shall state the nature of the contingency. (3) If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. (4) In all other cases, the court may order the personal representative to make distribution of the estate, but to retain in his or her hands sufficient funds to pay the claim if and when the claim becomes absolute. However, for this purpose, the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made. Prior to or at the expiration of the two-year period, if the claim has not become absolute, the court may order distribution of the funds so retained, after paying any costs and expenses accruing during the period, and the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is so made, the court may require the distributees to give bond with security for the satisfaction of their liability to the contingent creditor. (b) A contingent claim which becomes absolute six (6) months or more prior to the order of final distribution shall be presented for allowance within six (6) months after becoming absolute. When allowed, the claim shall be deemed an absolute claim as against assets which have not been distributed or distribution of which has not been approved and shall be entitled to the benefit of the provisions of subsection (c) of this section as to assets which do not remain in the hands or subject to the control of the personal representative. (c) Contingent claims not presented within the time prescribed by § 28-50-101 or subsection (b) of this section shall be barred as against the estate, but, within the time permitted by law for bringing actions thereon, may be enforced against distributees of the estate to the extent of the assets of the estate or the proceeds thereof remaining in the hands of the distributees. Acts 1949, No. 140, § 119; A.S.A. 1947, § 62-2610.

(a) (1) Contingent claims which cannot be allowed as absolute debts may, nevertheless, be filed in the court and proved. (2) If allowed as a contingent claim, the order of allowance shall state the nature of the contingency. (3) If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. (4) In all other cases, the court may order the personal representative to make distribution of the estate, but to retain in his or her hands sufficient funds to pay the claim if and when the claim becomes absolute. However, for this purpose, the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made. Prior to or at the expiration of the two-year period, if the claim has not become absolute, the court may order distribution of the funds so retained, after paying any costs and expenses accruing during the period, and the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is so made, the court may require the distributees to give bond with security for the satisfaction of their liability to the contingent creditor.

(1) Contingent claims which cannot be allowed as absolute debts may, nevertheless, be filed in the court and proved.

(2) If allowed as a contingent claim, the order of allowance shall state the nature of the contingency.

(3) If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class.

(4) In all other cases, the court may order the personal representative to make distribution of the estate, but to retain in his or her hands sufficient funds to pay the claim if and when the claim becomes absolute. However, for this purpose, the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made. Prior to or at the expiration of the two-year period, if the claim has not become absolute, the court may order distribution of the funds so retained, after paying any costs and expenses accruing during the period, and the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is so made, the court may require the distributees to give bond with security for the satisfaction of their liability to the contingent creditor.

(b) A contingent claim which becomes absolute six (6) months or more prior to the order of final distribution shall be presented for allowance within six (6) months after becoming absolute. When allowed, the claim shall be deemed an absolute claim as against assets which have not been distributed or distribution of which has not been approved and shall be entitled to the benefit of the provisions of subsection (c) of this section as to assets which do not remain in the hands or subject to the control of the personal representative.

(c) Contingent claims not presented within the time prescribed by § 28-50-101 or subsection (b) of this section shall be barred as against the estate, but, within the time permitted by law for bringing actions thereon, may be enforced against distributees of the estate to the extent of the assets of the estate or the proceeds thereof remaining in the hands of the distributees.

Acts 1949, No. 140, § 119; A.S.A. 1947, § 62-2610.
Ark. Code Ann. § 28-72-201 — AR Code / Title 28 / Chapter 72 / Subchapter 2 / Section 28-72-201
Public trusts authorized
Status: in_force

Express trusts may be created in real or personal property, or either or both, or any estate in either or both, with the state, or any governmental or municipal subdivision thereof, or any agency or department of either, or more than one (1) of any of the foregoing, as the beneficiary thereof, for the purpose of aiding or furthering or the providing of funds for the aiding or furthering of any one (1) or more proper functions of the beneficiary then authorized or which might lawfully be authorized. However, no funds of any beneficiary derived from other than trust sources shall be charged with or expended in the execution of the trust except by express lawful action of the beneficiary. Acts 1961, No. 459, § 1; A.S.A. 1947, § 58-401.

Express trusts may be created in real or personal property, or either or both, or any estate in either or both, with the state, or any governmental or municipal subdivision thereof, or any agency or department of either, or more than one (1) of any of the foregoing, as the beneficiary thereof, for the purpose of aiding or furthering or the providing of funds for the aiding or furthering of any one (1) or more proper functions of the beneficiary then authorized or which might lawfully be authorized. However, no funds of any beneficiary derived from other than trust sources shall be charged with or expended in the execution of the trust except by express lawful action of the beneficiary.

Acts 1961, No. 459, § 1; A.S.A. 1947, § 58-401.
Ark. Code Ann. § 28-68-206 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-206
Stocks and bonds
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (1) buy, sell, and exchange stocks and bonds; (2) establish, continue, modify, or terminate an account with respect to stocks and bonds; (3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal; (4) receive certificates and other evidences of ownership with respect to stocks and bonds; and (5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. Acts 2011, No. 805, § 1.

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

(1) buy, sell, and exchange stocks and bonds;

(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;

(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;

(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-68-217 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-217
Gifts
Status: in_force

(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529 , as it existed on January 1, 2011. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to: (1) make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b) , as it existed on January 1, 2011, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses. (c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including: (1) the value and nature of the principal's property; (2) the principal's foreseeable obligations and need for maintenance; (3) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; (4) eligibility for a benefit, a program, or assistance under a statute or regulation; and (5) the principal's personal history of making or joining in making gifts. Acts 2011, No. 805, § 1.

(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529 , as it existed on January 1, 2011.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to: (1) make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b) , as it existed on January 1, 2011, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

(1) make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b) , as it existed on January 1, 2011, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

(2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513 , as it existed on January 1, 2011, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including: (1) the value and nature of the principal's property; (2) the principal's foreseeable obligations and need for maintenance; (3) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; (4) eligibility for a benefit, a program, or assistance under a statute or regulation; and (5) the principal's personal history of making or joining in making gifts.

(1) the value and nature of the principal's property;

(2) the principal's foreseeable obligations and need for maintenance;

(3) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;

(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and

(5) the principal's personal history of making or joining in making gifts.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-73-810 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-810
Recordkeeping and identification of trust property
Status: in_force

(a) A trustee shall keep adequate records of the administration of the trust. (b) A trustee shall keep trust property separate from the trustee's own property. (c) Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary. (d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two (2) or more separate trusts. Acts 2005, No. 1031, § 1.

(a) A trustee shall keep adequate records of the administration of the trust.

(b) A trustee shall keep trust property separate from the trustee's own property.

(c) Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.

(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two (2) or more separate trusts.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-72-419 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-419
Applicable law
Status: in_force

(a) This subchapter applies to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this subchapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state. (b) A transfer made pursuant to an act of another state substantially similar to this subchapter is governed by the law of that state and may be enforced in this state. Acts 1991, No. 273, § 19.

(a) This subchapter applies to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in this state. The custodial trust remains subject to this subchapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this state.

(b) A transfer made pursuant to an act of another state substantially similar to this subchapter is governed by the law of that state and may be enforced in this state.

Acts 1991, No. 273, § 19.
Ark. Code Ann. § 28-66-104 — AR Code / Title 28 / Chapter 66 / Section 28-66-104
Limitation on number of wards
Status: in_force

No person other than a bank or trust company shall be guardian of more than five (5) wards at one (1) time, unless all the wards are members of one (1) family. Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five (5) wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him from guardianships in excess of five (5) and forthwith appoint a successor. Acts 1943, No. 177, § 4; A.S.A. 1947, § 57-504.

No person other than a bank or trust company shall be guardian of more than five (5) wards at one (1) time, unless all the wards are members of one (1) family.

Upon presentation of a petition by an attorney of the Veterans' Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five (5) wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him from guardianships in excess of five (5) and forthwith appoint a successor.

Acts 1943, No. 177, § 4; A.S.A. 1947, § 57-504.
Ark. Code Ann. § 28-1-113 — AR Code / Title 28 / Chapter 1 / Section 28-1-113
Waiver of notice
Status: in_force

(a) A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice. (b) A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by: (1) A legally competent person in his or her own behalf; (2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse; (3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian; (4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age; (5) A guardian ad litem in behalf of an incompetent person; (6) A trustee in behalf of a beneficiary of his or her trust; or (7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country. (c) A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding. Acts 1949, No. 140, § 13; 1951, No. 255, § 3; 1975, No. 620, § 8; A.S.A. 1947, § 62-2013.

(a) A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.

(b) A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by: (1) A legally competent person in his or her own behalf; (2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse; (3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian; (4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age; (5) A guardian ad litem in behalf of an incompetent person; (6) A trustee in behalf of a beneficiary of his or her trust; or (7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.

(1) A legally competent person in his or her own behalf;

(2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;

(3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;

(4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;

(5) A guardian ad litem in behalf of an incompetent person;

(6) A trustee in behalf of a beneficiary of his or her trust; or

(7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.

(c) A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.

Acts 1949, No. 140, § 13; 1951, No. 255, § 3; 1975, No. 620, § 8; A.S.A. 1947, § 62-2013.
Ark. Code Ann. § 28-14-111 — AR Code / Title 28 / Chapter 14 / Section 28-14-111
Short title - Rules of construction
Status: in_force

(1) This chapter shall be known as and may be cited as the "Uniform TOD Security Registration Act." (2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it. (3) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. Acts 1993, No. 114, § 11.

(1) This chapter shall be known as and may be cited as the "Uniform TOD Security Registration Act."

(2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.

(3) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.

Acts 1993, No. 114, § 11.
Ark. Code Ann. § 28-15-103 — AR Code / Title 28 / Chapter 15 / Section 28-15-103
Included and excluded property
Status: in_force

(a) Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held: (1) if a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; (B) income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and (C) personal property traceable to property described in subparagraph (A) or (B); and (2) regardless whether a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; and (B) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A). (b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created. (c) This chapter does not apply to property that: (1) community-property spouses have partitioned or reclassified; or (2) is the subject of a waiver of rights granted by this chapter. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held: (1) if a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; (B) income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and (C) personal property traceable to property described in subparagraph (A) or (B); and (2) regardless whether a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; and (B) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A).

(1) if a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; (B) income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and (C) personal property traceable to property described in subparagraph (A) or (B); and

(A) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property;

(i) was acquired; or

(ii) after acquisition, became community property;

(B) income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and

(C) personal property traceable to property described in subparagraph (A) or (B); and

(2) regardless whether a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; and (B) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A).

(A) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; and

(i) was acquired; or

(ii) after acquisition, became community property; and

(B) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A).

(b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.

(c) This chapter does not apply to property that: (1) community-property spouses have partitioned or reclassified; or (2) is the subject of a waiver of rights granted by this chapter.

(1) community-property spouses have partitioned or reclassified; or

(2) is the subject of a waiver of rights granted by this chapter.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-65-402 — AR Code / Title 28 / Chapter 65 / Subchapter 4 / Section 28-65-402
Restoration of capacity of ward
Status: in_force

(a) If any person alleges in writing, verified by oath, that any person declared to be incapacitated, or addicted to habitual drunkenness, is no longer incapacitated, or is no longer so addicted, the court in which the proceedings were held shall cause the facts to be inquired into in such manner as it may direct. (b) If it is found that the person has been restored to capacity or has reformed, he or she shall be discharged from care and custody, and the guardian shall immediately settle his or her accounts and shall restore to the person all things remaining in the guardian's hands belonging or appertaining to him or her. Acts 1985, No. 940, §§ 46, 47; A.S.A. 1947, §§ 57-865, 57-866.

(a) If any person alleges in writing, verified by oath, that any person declared to be incapacitated, or addicted to habitual drunkenness, is no longer incapacitated, or is no longer so addicted, the court in which the proceedings were held shall cause the facts to be inquired into in such manner as it may direct.

(b) If it is found that the person has been restored to capacity or has reformed, he or she shall be discharged from care and custody, and the guardian shall immediately settle his or her accounts and shall restore to the person all things remaining in the guardian's hands belonging or appertaining to him or her.

Acts 1985, No. 940, §§ 46, 47; A.S.A. 1947, §§ 57-865, 57-866.
Ark. Code Ann. § 28-72-104 — AR Code / Title 28 / Chapter 72 / Subchapter 1 / Section 28-72-104
Bond of trustee
Status: in_force

(a) The trustee shall give bond in double the amount of property or money received and, upon the appearance of the missing person or person imprisoned in any foreign country, shall be required to account to and turn over to the person the balance of all funds or property not legally expended by the trustee under the order of the circuit court. (b) The bondsmen shall be liable for any sums or property unaccounted for by the trustee, in the same manner that bondsmen of administrators in this state are liable on their bonds. Acts 1943, No. 71, § 3; A.S.A. 1947, § 58-203.

(a) The trustee shall give bond in double the amount of property or money received and, upon the appearance of the missing person or person imprisoned in any foreign country, shall be required to account to and turn over to the person the balance of all funds or property not legally expended by the trustee under the order of the circuit court.

(b) The bondsmen shall be liable for any sums or property unaccounted for by the trustee, in the same manner that bondsmen of administrators in this state are liable on their bonds.

Acts 1943, No. 71, § 3; A.S.A. 1947, § 58-203.
Ark. Code Ann. § 28-12-101 — AR Code / Title 28 / Chapter 12 / Section 28-12-101
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 1; A.S.A. 1947, § 61-401.

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

Acts 1981, No. 660, § 1; A.S.A. 1947, § 61-401.
Ark. Code Ann. § 28-73-108 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-108
Principal place of administration
Status: in_force

(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration 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. (b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries. (c) Without precluding the right of a court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States. (d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty (60) days before initiating the transfer. The notice of proposed transfer must include: (1) the name of the jurisdiction to which the principal place of administration is to be transferred; (2) the address and telephone number at the new location at which the trustee can be contacted; (3) an explanation of the reasons for the proposed transfer; (4) the date on which the proposed transfer is anticipated to occur; and (5) the date, not less than sixty (60) days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. (e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice. (f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to § 28-73-704 . (g) Subsections (d) and (e) apply only to irrevocable trusts created on or after September 1, 2005, and to revocable trusts which become irrevocable on or after September 1, 2005. Acts 2005, No. 1031, § 1.

(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration 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.

(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.

(c) Without precluding the right of a court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.

(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than sixty (60) days before initiating the transfer. The notice of proposed transfer must include: (1) the name of the jurisdiction to which the principal place of administration is to be transferred; (2) the address and telephone number at the new location at which the trustee can be contacted; (3) an explanation of the reasons for the proposed transfer; (4) the date on which the proposed transfer is anticipated to occur; and (5) the date, not less than sixty (60) days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.

(1) the name of the jurisdiction to which the principal place of administration is to be transferred;

(2) the address and telephone number at the new location at which the trustee can be contacted;

(3) an explanation of the reasons for the proposed transfer;

(4) the date on which the proposed transfer is anticipated to occur; and

(5) the date, not less than sixty (60) days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.

(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.

(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to § 28-73-704 .

(g) Subsections (d) and (e) apply only to irrevocable trusts created on or after September 1, 2005, and to revocable trusts which become irrevocable on or after September 1, 2005.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-52-106 — AR Code / Title 28 / Chapter 52 / Section 28-52-106
Notice of filing of accounts
Status: in_force

During the first week of each month the clerk shall publish, in a newspaper published or having a general circulation in the county, a notice of estates in which accounts have been filed by personal representatives during the preceding month, listing in alphabetical order the names of the estates, with the names of the personal representatives thereof and the respective dates of the filing of the accounts, and calling on interested persons to file objections to the accounts on or before the sixtieth day following the filing of the respective accounts, failing which the persons will be barred forever from excepting to the account. Acts 1949, No. 140, § 152; A.S.A. 1947, § 62-2806.

During the first week of each month the clerk shall publish, in a newspaper published or having a general circulation in the county, a notice of estates in which accounts have been filed by personal representatives during the preceding month, listing in alphabetical order the names of the estates, with the names of the personal representatives thereof and the respective dates of the filing of the accounts, and calling on interested persons to file objections to the accounts on or before the sixtieth day following the filing of the respective accounts, failing which the persons will be barred forever from excepting to the account.

Acts 1949, No. 140, § 152; A.S.A. 1947, § 62-2806.
Ark. Code Ann. § 28-66-109 — AR Code / Title 28 / Chapter 66 / Section 28-66-109
Bond
Status: in_force

(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond. (2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties, and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate. Acts 1943, No. 177, § 9; A.S.A. 1947, § 57-509.

(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.

(2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties, and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.

Acts 1943, No. 177, § 9; A.S.A. 1947, § 57-509.
Ark. Code Ann. § 28-65-101 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-101
Definitions
Status: in_force

As used in this chapter: (1) "Essential requirements for health or safety" means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur; (2) "Evaluation" means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate; (3) "Guardian" means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person; (4) "Guardian ad litem" means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding; (5) (A) "Incapacitated person" means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate. (B) "Incapacitated person" includes an endangered adult or impaired adult as defined in § 9-20-103 , who is in the custody of the Department of Human Services. (C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment; (6) "Least restrictive alternative" means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf; (7) "Limited guardian" means one whose powers and authority have been limited to the specific powers, authorities, and duties set forth in the order of appointment; (8) "Professional" means a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent; (9) "Relative" means the spouse, child, grandchild, parent, grandparent, or sibling of a ward; (10) "Temporary guardian" means a guardian appointed pursuant to § 28-65-218 ; and (11) "Ward" means an incapacitated person for whom a guardian has been appointed. Amended by Act 2017, No. 667,§ 4, eff. 8/1/2017. Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821; Acts 2007, No. 121, § 1; 2011, No. 1027, § 1.

As used in this chapter:

(1) "Essential requirements for health or safety" means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;

(2) "Evaluation" means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;

(3) "Guardian" means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;

(4) "Guardian ad litem" means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;

(5) (A) "Incapacitated person" means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate. (B) "Incapacitated person" includes an endangered adult or impaired adult as defined in § 9-20-103 , who is in the custody of the Department of Human Services. (C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;

(A) "Incapacitated person" means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.

(B) "Incapacitated person" includes an endangered adult or impaired adult as defined in § 9-20-103 , who is in the custody of the Department of Human Services.

(C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;

(6) "Least restrictive alternative" means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;

(7) "Limited guardian" means one whose powers and authority have been limited to the specific powers, authorities, and duties set forth in the order of appointment;

(8) "Professional" means a physician, licensed psychologist, or licensed certified social worker with training, experience, and knowledge of the particular alleged disability of the respondent;

(9) "Relative" means the spouse, child, grandchild, parent, grandparent, or sibling of a ward;

(10) "Temporary guardian" means a guardian appointed pursuant to § 28-65-218 ; and

(11) "Ward" means an incapacitated person for whom a guardian has been appointed.

Amended by Act 2017, No. 667,§ 4, eff. 8/1/2017.

Acts 1985, No. 940, § 2; A.S.A. 1947, § 57-821; Acts 2007, No. 121, § 1; 2011, No. 1027, § 1.
Ark. Code Ann. § 28-54-102 — AR Code / Title 28 / Chapter 54 / Section 28-54-102
Definitions
Status: in_force

In this chapter: (1) "Apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B) the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate tax" means a federal, state, or foreign tax imposed because of the death of an individual and interest and penalties associated with the tax. The term does not include an inheritance tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer tax incurred on a direct skip taking effect at death. (3) "Gross estate" means, with respect to an estate tax, all interests in property subject to the tax. (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (5) "Ratable" means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. "Ratably" has a corresponding meaning. (6) "Time-limited interest" means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. The term does not include a cotenancy unless the cotenancy itself is a time-limited interest. (7) "Value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment. Acts 2007, No. 276, § 1.

In this chapter:

(1) "Apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B) the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added to the decedent's gross estate because of a gift tax on transfers made before death.

(A) any claim or expense allowable as a deduction for purposes of the tax;

(B) the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and

(C) any amount added to the decedent's gross estate because of a gift tax on transfers made before death.

(2) "Estate tax" means a federal, state, or foreign tax imposed because of the death of an individual and interest and penalties associated with the tax. The term does not include an inheritance tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer tax incurred on a direct skip taking effect at death.

(3) "Gross estate" means, with respect to an estate tax, all interests in property subject to the tax.

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

(5) "Ratable" means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. "Ratably" has a corresponding meaning.

(6) "Time-limited interest" means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. The term does not include a cotenancy unless the cotenancy itself is a time-limited interest.

(7) "Value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-71-105 — AR Code / Title 28 / Chapter 71 / Section 28-71-105
Standard of judgment and care - Prudent investor rule
Status: in_force

In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property held in a fiduciary capacity, other than trusts subject to the prudent investor rule as set forth in the Arkansas Trust Code, § 28-73-101 et seq., the fiduciary shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Acts 1955, No. 121, § 2; A.S.A. 1947, § 58-302; Acts 1997, No. 940, § 114; 2005, No. 1031, § 3.

In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property held in a fiduciary capacity, other than trusts subject to the prudent investor rule as set forth in the Arkansas Trust Code, § 28-73-101 et seq., the fiduciary shall exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.

Acts 1955, No. 121, § 2; A.S.A. 1947, § 58-302; Acts 1997, No. 940, § 114; 2005, No. 1031, § 3.
Ark. Code Ann. § 28-66-101 — AR Code / Title 28 / Chapter 66 / Section 28-66-101
Definitions
Status: in_force

As used in this chapter: "Person" means an individual, a partnership, a corporation, or an association; "Veterans' Administration" means the Veterans' Administration, its predecessors or successors; "Income" means money received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith; "Estate" means income on hand and assets acquired partially or wholly with income; "Benefits" means all moneys paid or payable by the United States through the Veterans' Administration; "Administrator" means the Administrator of Veterans Affairs of the United States or his successor; "Ward" means a beneficiary of the Veterans' Administration; "Guardian" means any fiduciary for the person or estate of a ward. Acts 1943, No. 177, § 1; A.S.A. 1947, § 57-501.

As used in this chapter:

"Person" means an individual, a partnership, a corporation, or an association;

"Veterans' Administration" means the Veterans' Administration, its predecessors or successors;

"Income" means money received from the Veterans' Administration and revenue or profit from any property wholly or partially acquired therewith;

"Estate" means income on hand and assets acquired partially or wholly with income;

"Benefits" means all moneys paid or payable by the United States through the Veterans' Administration;

"Administrator" means the Administrator of Veterans Affairs of the United States or his successor;

"Ward" means a beneficiary of the Veterans' Administration;

"Guardian" means any fiduciary for the person or estate of a ward.

Acts 1943, No. 177, § 1; A.S.A. 1947, § 57-501.
Ark. Code Ann. § 28-25-111 — AR Code / Title 28 / Chapter 25 / Section 28-25-111
Life insurance policy or annuity contract - Proceeds
Status: in_force

A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract. Added by Act 2021, No. 925,§ 2, eff. 7/28/2021.

A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract.

Added by Act 2021, No. 925,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 28-73-202 — AR Code / Title 28 / Chapter 73 / Subchapter 2 / Section 28-73-202
Jurisdiction over trustee and beneficiary
Status: in_force

(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of a court of this state regarding any matter involving the trust. (b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of a court of this state regarding any matter involving the trust. (c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust. Acts 2005, No. 1031, § 1.

(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of a court of this state regarding any matter involving the trust.

(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of a court of this state regarding any matter involving the trust.

(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-303 — AR Code / Title 28 / Chapter 73 / Subchapter 3 / Section 28-73-303
Representation by fiduciaries and parents
Status: in_force

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) a conservator may represent and bind the estate that the conservator controls; (2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed; (3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; (4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and (6) a parent may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed. Acts 2005, No. 1031, § 1.

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

(1) a conservator may represent and bind the estate that the conservator controls;

(2) a guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;

(3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

(4) a trustee may represent and bind the beneficiaries of the trust;

(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and

(6) a parent may represent and bind the parent's minor or unborn child if a guardian for the child has not been appointed.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-709 — AR Code / Title 28 / Chapter 73 / Subchapter 7 / Section 28-73-709
Reimbursement of expenses
Status: in_force

(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for: (1) expenses that were properly incurred in the administration of the trust; and (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust. (b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest. Acts 2005, No. 1031, § 1.

(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for: (1) expenses that were properly incurred in the administration of the trust; and (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

(1) expenses that were properly incurred in the administration of the trust; and

(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.

(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-13-108 — AR Code / Title 28 / Chapter 13 / Section 28-13-108
Escheat of real property - Vesting title in county
Status: in_force

(a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county. (b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall: (1) Cause the record and process to be exemplified under the seal of the court; (2) Deposit the record and process in the office of the county treasurer; and (3) Cause a transcript of the judgment to be recorded in the office of the recorder of the county in which the lands lie. (c) The judgment shall preclude all parties and privies thereto, their heirs and assigns, so long as the judgment shall remain in force. Rev. Stat., ch. 57, §§ 19, 20; C. & M. Dig., §§ 4096, 4097; Pope's Dig., §§ 5105, 5106; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1819, 62-1820.

(a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county.

(b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall: (1) Cause the record and process to be exemplified under the seal of the court; (2) Deposit the record and process in the office of the county treasurer; and (3) Cause a transcript of the judgment to be recorded in the office of the recorder of the county in which the lands lie.

(1) Cause the record and process to be exemplified under the seal of the court;

(2) Deposit the record and process in the office of the county treasurer; and

(3) Cause a transcript of the judgment to be recorded in the office of the recorder of the county in which the lands lie.

(c) The judgment shall preclude all parties and privies thereto, their heirs and assigns, so long as the judgment shall remain in force.

Rev. Stat., ch. 57, §§ 19, 20; C. & M. Dig., §§ 4096, 4097; Pope's Dig., §§ 5105, 5106; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1819, 62-1820.
Ark. Code Ann. § 28-12-104 — AR Code / Title 28 / Chapter 12 / Section 28-12-104
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 4; A.S.A. 1947, § 61-404.

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

Acts 1981, No. 660, § 4; A.S.A. 1947, § 61-404.
Ark. Code Ann. § 28-74-209 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-209
Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c) , if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under § 28-74-203 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 28-74-203 before the appointment or issuance of the order. (2) If the court in this state does not have jurisdiction under § 28-74-203 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum. Acts 2011, No. 159, § 1.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under § 28-74-204(a)(1) or (2) or § 28-74-204(c) , if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under § 28-74-203 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 28-74-203 before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under § 28-74-203 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-14-103 — AR Code / Title 28 / Chapter 14 / Section 28-14-103
Registration in beneficiary form - Applicable law
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. Acts 1993, No. 114, § 3.

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.

Acts 1993, No. 114, § 3.
Ark. Code Ann. § 28-11-203 — AR Code / Title 28 / Chapter 11 / Subchapter 2 / Section 28-11-203
Right of dower and curtesy barred
Status: in_force

(a) The inchoate right of dower or curtesy of any spouse in real property in the State of Arkansas is barred in all cases when or where the other spouse has been barred of title or of any interest in the property for seven (7) years or more and also in real property or interest conveyed by the husband or wife but not signed by the other spouse when the conveyance is made or has been made for a period of seven (7) years or more. (b) (1) This section shall affect the inchoate right of dower and curtesy of a spouse in real property in this state only where or when the husband or wife has been barred of title for seven (7) years or more, or when a conveyance by the husband or wife, without the signature of the other spouse, has been made for a period of seven (7) years or more. (2) However, this section shall not apply unless the instrument of conveyance by the husband or wife has been of record for at least seven (7) years. Acts 1935, No. 84, § 1; Pope's Dig., §§ 4414, 8919; Acts 1981, No. 714, § 38; A.S.A. 1947, § 61-226.

(a) The inchoate right of dower or curtesy of any spouse in real property in the State of Arkansas is barred in all cases when or where the other spouse has been barred of title or of any interest in the property for seven (7) years or more and also in real property or interest conveyed by the husband or wife but not signed by the other spouse when the conveyance is made or has been made for a period of seven (7) years or more.

(b) (1) This section shall affect the inchoate right of dower and curtesy of a spouse in real property in this state only where or when the husband or wife has been barred of title for seven (7) years or more, or when a conveyance by the husband or wife, without the signature of the other spouse, has been made for a period of seven (7) years or more. (2) However, this section shall not apply unless the instrument of conveyance by the husband or wife has been of record for at least seven (7) years.

(1) This section shall affect the inchoate right of dower and curtesy of a spouse in real property in this state only where or when the husband or wife has been barred of title for seven (7) years or more, or when a conveyance by the husband or wife, without the signature of the other spouse, has been made for a period of seven (7) years or more.

(2) However, this section shall not apply unless the instrument of conveyance by the husband or wife has been of record for at least seven (7) years.

Acts 1935, No. 84, § 1; Pope's Dig., §§ 4414, 8919; Acts 1981, No. 714, § 38; A.S.A. 1947, § 61-226.
Ark. Code Ann. § 28-49-102 — AR Code / Title 28 / Chapter 49 / Section 28-49-102
Treatment of certain property as real or personal
Status: in_force

(a) Unless foreclosure has been completed by the decedent and the redemption period has expired prior to his or her death, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby which come into the hands of the personal representative, or any real property acquired by the personal representative in settlement of a debt or liability, shall be deemed personalty in his or her hands and be distributed and accounted for as such. However, if the property is sold by the personal representative, it shall be sold as real property. (b) Except as provided in subsection (a) of this section, in all cases of a sale of real property by a personal representative upon order of the court, the surplus of the proceeds of the sale remaining at the time of final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold. Acts 1949, No. 140, § 99; A.S.A. 1947, § 62-2406.

(a) Unless foreclosure has been completed by the decedent and the redemption period has expired prior to his or her death, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby which come into the hands of the personal representative, or any real property acquired by the personal representative in settlement of a debt or liability, shall be deemed personalty in his or her hands and be distributed and accounted for as such. However, if the property is sold by the personal representative, it shall be sold as real property.

(b) Except as provided in subsection (a) of this section, in all cases of a sale of real property by a personal representative upon order of the court, the surplus of the proceeds of the sale remaining at the time of final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.

Acts 1949, No. 140, § 99; A.S.A. 1947, § 62-2406.
Ark. Code Ann. § 28-65-403 — AR Code / Title 28 / Chapter 65 / Subchapter 4 / Section 28-65-403
Discharge of guardian and surety
Status: in_force

(a) Upon the guardian of an estate's filing receipts or other evidence satisfactory to the court showing that he or she has delivered to the persons entitled thereto all the property for which he or she is accountable as guardian, the court shall make an order discharging the guardian and his or her surety from further liability or accountability with respect to the guardianship. (b) The discharge so obtained shall operate as a release from the duties of his or her office which have not previously terminated and shall be final, except that, upon a petition's being filed within three (3) years of the entry thereof, it may be set aside for fraud in the settlement of the account. Acts 1985, No. 940, § 49; A.S.A. 1947, § 57-868.

(a) Upon the guardian of an estate's filing receipts or other evidence satisfactory to the court showing that he or she has delivered to the persons entitled thereto all the property for which he or she is accountable as guardian, the court shall make an order discharging the guardian and his or her surety from further liability or accountability with respect to the guardianship.

(b) The discharge so obtained shall operate as a release from the duties of his or her office which have not previously terminated and shall be final, except that, upon a petition's being filed within three (3) years of the entry thereof, it may be set aside for fraud in the settlement of the account.

Acts 1985, No. 940, § 49; A.S.A. 1947, § 57-868.
Ark. Code Ann. § 28-72-711 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-711
Alternate provisions - Discretion of settlor
Status: in_force

A settlor of a spendthrift trust or domestic asset protection trust may by a document creating a spendthrift trust or domestic asset protection trust make separate, different, or alternate provisions other than what is set forth in §§ 28-72-701 - 28-72-710 , so long as the settlor uses express, specific language establishing that intent. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

A settlor of a spendthrift trust or domestic asset protection trust may by a document creating a spendthrift trust or domestic asset protection trust make separate, different, or alternate provisions other than what is set forth in §§ 28-72-701 - 28-72-710 , so long as the settlor uses express, specific language establishing that intent.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-72-702 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-702
Applicability - Third-party spendthrift trust and domestic asset protection trust - Requirements
Status: in_force

(a) Unless the document that creates the spendthrift trust or domestic asset protection trust expressly declares otherwise, this subchapter governs the construction, operation, and enforcement of all spendthrift trusts or domestic asset protection trusts in the State of Arkansas, regardless of whether the trust was created in or outside of the State of Arkansas, if: (1) All or part of the lands, rents, issues, or profits affected are in the State of Arkansas; (2) All or part of the personal property, interest of money, dividends upon stock, and other profits affected are in the State of Arkansas; (3) The declared domicile of the creator of a spendthrift trust or domestic asset protection trust affecting personal property is in the State of Arkansas; or (4) At least one (1) trustee qualified under subsection (b) of this section has powers that include maintaining records and preparing income tax returns for the trust and all or part of the administration of the trust is performed in the State of Arkansas. (b) If a settlor is a beneficiary of a trust of the settlor's own creation, at least one (1) trustee of the domestic asset protection trust must be: (1) A natural person who resides and has his or her domicile in the State of Arkansas; (2) A trust company that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; and (B) Maintains an office in the State of Arkansas for the transaction of business; or (3) A bank that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; (B) Maintains an office in the State of Arkansas for the transaction of business; and (C) Possesses and exercises trust powers. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) Unless the document that creates the spendthrift trust or domestic asset protection trust expressly declares otherwise, this subchapter governs the construction, operation, and enforcement of all spendthrift trusts or domestic asset protection trusts in the State of Arkansas, regardless of whether the trust was created in or outside of the State of Arkansas, if: (1) All or part of the lands, rents, issues, or profits affected are in the State of Arkansas; (2) All or part of the personal property, interest of money, dividends upon stock, and other profits affected are in the State of Arkansas; (3) The declared domicile of the creator of a spendthrift trust or domestic asset protection trust affecting personal property is in the State of Arkansas; or (4) At least one (1) trustee qualified under subsection (b) of this section has powers that include maintaining records and preparing income tax returns for the trust and all or part of the administration of the trust is performed in the State of Arkansas.

(1) All or part of the lands, rents, issues, or profits affected are in the State of Arkansas;

(2) All or part of the personal property, interest of money, dividends upon stock, and other profits affected are in the State of Arkansas;

(3) The declared domicile of the creator of a spendthrift trust or domestic asset protection trust affecting personal property is in the State of Arkansas; or

(4) At least one (1) trustee qualified under subsection (b) of this section has powers that include maintaining records and preparing income tax returns for the trust and all or part of the administration of the trust is performed in the State of Arkansas.

(b) If a settlor is a beneficiary of a trust of the settlor's own creation, at least one (1) trustee of the domestic asset protection trust must be: (1) A natural person who resides and has his or her domicile in the State of Arkansas; (2) A trust company that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; and (B) Maintains an office in the State of Arkansas for the transaction of business; or (3) A bank that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; (B) Maintains an office in the State of Arkansas for the transaction of business; and (C) Possesses and exercises trust powers.

(1) A natural person who resides and has his or her domicile in the State of Arkansas;

(2) A trust company that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; and (B) Maintains an office in the State of Arkansas for the transaction of business; or

(A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; and

(i) Federal law;

(ii) The laws of the State of Arkansas; or

(iii) The laws of another state; and

(B) Maintains an office in the State of Arkansas for the transaction of business; or

(3) A bank that: (A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state; (B) Maintains an office in the State of Arkansas for the transaction of business; and (C) Possesses and exercises trust powers.

(A) Is organized under: (i) Federal law; (ii) The laws of the State of Arkansas; or (iii) The laws of another state;

(i) Federal law;

(ii) The laws of the State of Arkansas; or

(iii) The laws of another state;

(B) Maintains an office in the State of Arkansas for the transaction of business; and

(C) Possesses and exercises trust powers.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-73-805 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-805
Costs of administration
Status: in_force

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee. Acts 2005, No. 1031, § 1.

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-67-102 — AR Code / Title 28 / Chapter 67 / Section 28-67-102
Jurisdiction of the court
Status: in_force

(a) All laws relative to the jurisdiction of the circuit court over the estate of a person under guardianship as an incompetent person, including the investment, management, sale, or mortgage of his or her property and the payment of his or her debts, shall be applicable to the estate of a person under conservatorship. (b) Court jurisdiction for adult guardianship actions, excluding proceedings under the Adult Custody Maltreatment Act, § 9-20-101 et seq., and conservatorship actions that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq. (c) The appropriate jurisdiction for an adult guardianship action under the Adult Custody Maltreatment Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq. Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706; Acts 2011, No. 159, § 5.

(a) All laws relative to the jurisdiction of the circuit court over the estate of a person under guardianship as an incompetent person, including the investment, management, sale, or mortgage of his or her property and the payment of his or her debts, shall be applicable to the estate of a person under conservatorship.

(b) Court jurisdiction for adult guardianship actions, excluding proceedings under the Adult Custody Maltreatment Act, § 9-20-101 et seq., and conservatorship actions that involve a party residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

(c) The appropriate jurisdiction for an adult guardianship action under the Adult Custody Maltreatment Act, § 9-20-101 et seq., that involves a maltreated adult residing outside the state shall be determined under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706; Acts 2011, No. 159, § 5.
Ark. Code Ann. § 28-73-1003 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1003
Damages in absence of breach
Status: in_force

(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. (b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. Acts 2005, No. 1031, § 1.

(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.

(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-39-305 — AR Code / Title 28 / Chapter 39 / Subchapter 3 / Section 28-39-305
Rental of indivisible property
Status: in_force

In cases in which lands or tenements will not permit division, the court, being satisfied of that fact or on the report of the commissioners to that effect, shall order that the tenements or lands be rented out and that one-third (1/3) part of the proceeds be paid to the surviving spouse in lieu of dower or curtesy in the lands or tenements. Rev. Stat., ch. 52, § 42; C. & M. Dig., § 3556; Pope's Dig., § 4442; Acts 1981, No. 714, § 58; A.S.A. 1947, § 62-716.

In cases in which lands or tenements will not permit division, the court, being satisfied of that fact or on the report of the commissioners to that effect, shall order that the tenements or lands be rented out and that one-third (1/3) part of the proceeds be paid to the surviving spouse in lieu of dower or curtesy in the lands or tenements.

Rev. Stat., ch. 52, § 42; C. & M. Dig., § 3556; Pope's Dig., § 4442; Acts 1981, No. 714, § 58; A.S.A. 1947, § 62-716.
Ark. Code Ann. § 28-54-111 — AR Code / Title 28 / Chapter 54 / Section 28-54-111
Action to determine or enforce chapter
Status: in_force

A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this chapter. Acts 2007, No. 276, § 1.

A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this chapter.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-40-109 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-109
Hearing on petition without notice
Status: in_force

Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as provided in § 28-40-108 , and if such a petition is not opposed by an interested person, the court in its discretion may hear it immediately or at such time and place as it may direct without requiring notice. Acts 1949, No. 140, § 48; A.S.A. 1947, § 62-2109.

Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as provided in § 28-40-108 , and if such a petition is not opposed by an interested person, the court in its discretion may hear it immediately or at such time and place as it may direct without requiring notice.

Acts 1949, No. 140, § 48; A.S.A. 1947, § 62-2109.
Ark. Code Ann. § 28-72-602 — AR Code / Title 28 / Chapter 72 / Subchapter 6 / Section 28-72-602
Settlement of trust
Status: in_force

(a) A qualified spousal trust may include a trust term that is not inconsistent with the provisions of this subchapter, including without limitation a discretionary power to distribute trust property to a person other than a settlor. (b) (1) Unless otherwise provided in writing by each settlor who transfers property to a qualified spousal trust, property that is held at any time in a qualified spousal trust, without regard to how the property was titled before the property was held: (A) Has the same immunity from the claim of a separate creditor of either settlor as if the property were held outside the qualified spousal trust by both settlors as tenants by the entirety; and (B) Shall be treated as tenants by entirety property for the purpose of immunity from federal and state bankruptcy laws. (2) Property that is held in a qualified spousal trust is not immune from the claim of a creditor if the marriage of the settlors dissolves. Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.

(a) A qualified spousal trust may include a trust term that is not inconsistent with the provisions of this subchapter, including without limitation a discretionary power to distribute trust property to a person other than a settlor.

(b) (1) Unless otherwise provided in writing by each settlor who transfers property to a qualified spousal trust, property that is held at any time in a qualified spousal trust, without regard to how the property was titled before the property was held: (A) Has the same immunity from the claim of a separate creditor of either settlor as if the property were held outside the qualified spousal trust by both settlors as tenants by the entirety; and (B) Shall be treated as tenants by entirety property for the purpose of immunity from federal and state bankruptcy laws. (2) Property that is held in a qualified spousal trust is not immune from the claim of a creditor if the marriage of the settlors dissolves.

(1) Unless otherwise provided in writing by each settlor who transfers property to a qualified spousal trust, property that is held at any time in a qualified spousal trust, without regard to how the property was titled before the property was held: (A) Has the same immunity from the claim of a separate creditor of either settlor as if the property were held outside the qualified spousal trust by both settlors as tenants by the entirety; and (B) Shall be treated as tenants by entirety property for the purpose of immunity from federal and state bankruptcy laws.

(A) Has the same immunity from the claim of a separate creditor of either settlor as if the property were held outside the qualified spousal trust by both settlors as tenants by the entirety; and

(B) Shall be treated as tenants by entirety property for the purpose of immunity from federal and state bankruptcy laws.

(2) Property that is held in a qualified spousal trust is not immune from the claim of a creditor if the marriage of the settlors dissolves.

Added by Act 2019, No. 1047,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 28-49-116 — AR Code / Title 28 / Chapter 49 / Section 28-49-116
Bank deposits
Status: in_force

A personal representative may, and when ordered by the court shall, deposit, as a fiduciary, the funds of the estate in a bank or banks of this state, as a general deposit, either in a checking account or a savings account. Acts 1949, No. 140, § 107; A.S.A. 1947, § 62-2414.

A personal representative may, and when ordered by the court shall, deposit, as a fiduciary, the funds of the estate in a bank or banks of this state, as a general deposit, either in a checking account or a savings account.

Acts 1949, No. 140, § 107; A.S.A. 1947, § 62-2414.
Ark. Code Ann. § 28-70-103 — AR Code / Title 28 / Chapter 70 / Subchapter 1 / Section 28-70-103
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 103.

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

Acts 1999, No. 647, § 103.
Ark. Code Ann. § 28-65-221 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-221
Standby guardians
Status: in_force

(a) Without surrendering parental rights, any parent who is chronically ill or near death may have a standby guardian appointed by the court for the parent's minor children using the same procedures outlined in this subchapter to establish a guardianship. The standby guardian's authority would take effect as outlined in an order of standby guardianship, upon: (1) The death of the parent; (2) The mental incapacity of the parent; or (3) The physical debilitation and consent of the parent. (b) (1) The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children. (2) The court shall enter an order of guardianship in conformance with this section. Acts 1999, No. 517, § 1.

(a) Without surrendering parental rights, any parent who is chronically ill or near death may have a standby guardian appointed by the court for the parent's minor children using the same procedures outlined in this subchapter to establish a guardianship. The standby guardian's authority would take effect as outlined in an order of standby guardianship, upon: (1) The death of the parent; (2) The mental incapacity of the parent; or (3) The physical debilitation and consent of the parent.

(1) The death of the parent;

(2) The mental incapacity of the parent; or

(3) The physical debilitation and consent of the parent.

(b) (1) The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children. (2) The court shall enter an order of guardianship in conformance with this section.

(1) The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children.

(2) The court shall enter an order of guardianship in conformance with this section.

Acts 1999, No. 517, § 1.
Ark. Code Ann. § 28-72-708 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-708
Legal estate of beneficiary in corpus
Status: in_force

(a) A beneficiary of a spendthrift trust or domestic asset protection trust has no legal estate in the capital, principal, or corpus of the trust estate unless under the terms of the trust the beneficiary or a person deriving title from the beneficiary is entitled to have it conveyed or transferred to him or her immediately or after a term of years or after a life in being. (b) The income from the corpus is not to be paid to a specific beneficiary or any other beneficiary until any applicable term of years or life passes as described in subsection (a) of this section. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) A beneficiary of a spendthrift trust or domestic asset protection trust has no legal estate in the capital, principal, or corpus of the trust estate unless under the terms of the trust the beneficiary or a person deriving title from the beneficiary is entitled to have it conveyed or transferred to him or her immediately or after a term of years or after a life in being.

(b) The income from the corpus is not to be paid to a specific beneficiary or any other beneficiary until any applicable term of years or life passes as described in subsection (a) of this section.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-72-207 — AR Code / Title 28 / Chapter 72 / Subchapter 2 / Section 28-72-207
Trust estate exempt from taxation
Status: in_force

For all purposes of taxation under the authority of the state or any of its governmental or taxing subdivisions, the trust estate and its revenues shall have the same immunities as other property and revenues of the beneficiary or beneficiaries not so in trust. Acts 1961, No. 459, § 8; A.S.A. 1947, § 58-408.

For all purposes of taxation under the authority of the state or any of its governmental or taxing subdivisions, the trust estate and its revenues shall have the same immunities as other property and revenues of the beneficiary or beneficiaries not so in trust.

Acts 1961, No. 459, § 8; A.S.A. 1947, § 58-408.
Ark. Code Ann. § 28-75-111 — AR Code / Title 28 / Chapter 28 / Section 28-75-111
Disclosure of digital assets held in trust when trustee is original user
Status: in_force

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-14-102 — AR Code / Title 28 / Chapter 14 / Section 28-14-102
Registration in beneficiary form - Sole or joint tenancy ownership
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. Acts 1993, No. 114, § 2.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.

Acts 1993, No. 114, § 2.
Ark. Code Ann. § 28-72-202 — AR Code / Title 28 / Chapter 72 / Subchapter 2 / Section 28-72-202
Acceptance of trust
Status: in_force

(a) No public trust shall become effective until the beneficial interest therein shall have been accepted by a beneficiary thereof, and the trust shall be effective only as to beneficiaries who have accepted beneficial interest thereunder. (b) If the state or any of its agencies or departments shall be named as the beneficiary, the beneficial interests shall be accepted by the Governor, and if any governmental or municipal subdivision of the state is named as the beneficiary, the beneficial interests shall be accepted by the governing body thereof. The power and authority to accept beneficial interests under such trusts is conferred upon the Governor and such governing bodies. (c) The acceptance of beneficial interest of any trust shall be endorsed upon the trust instrument by the accepting governmental authority. (d) Upon acceptance, the trust instrument shall be a binding contract between the state and the designated beneficiary and the trustee of the trust for the acceptance of the beneficial interest therein and for the application of the trust property and its proceeds, and the operation of the trust, in accordance with the purposes set forth in the trust instrument. The trustee of the trust thereupon shall be the regularly constituted authority of the beneficiary for the performance of the functions for which the trust shall have been created. Acts 1961, No. 459, §§ 2, 4; A.S.A. 1947, §§ 58-402, 58-404.

(a) No public trust shall become effective until the beneficial interest therein shall have been accepted by a beneficiary thereof, and the trust shall be effective only as to beneficiaries who have accepted beneficial interest thereunder.

(b) If the state or any of its agencies or departments shall be named as the beneficiary, the beneficial interests shall be accepted by the Governor, and if any governmental or municipal subdivision of the state is named as the beneficiary, the beneficial interests shall be accepted by the governing body thereof. The power and authority to accept beneficial interests under such trusts is conferred upon the Governor and such governing bodies.

(c) The acceptance of beneficial interest of any trust shall be endorsed upon the trust instrument by the accepting governmental authority.

(d) Upon acceptance, the trust instrument shall be a binding contract between the state and the designated beneficiary and the trustee of the trust for the acceptance of the beneficial interest therein and for the application of the trust property and its proceeds, and the operation of the trust, in accordance with the purposes set forth in the trust instrument. The trustee of the trust thereupon shall be the regularly constituted authority of the beneficiary for the performance of the functions for which the trust shall have been created.

Acts 1961, No. 459, §§ 2, 4; A.S.A. 1947, §§ 58-402, 58-404.
Ark. Code Ann. § 28-65-213 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-213
Rights of wards and proposed wards
Status: in_force

(a) At the hearing, the respondent ward or proposed ward shall have the right to: (1) Be represented by counsel; (2) Present evidence on his or her own behalf; (3) Cross-examine adverse witnesses; (4) (A) Be present. (B) (i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings. (ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and (5) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation. (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition. (c) (1) If the respondent ward or proposed ward is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent. (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent ward or proposed ward, the court may dismiss the action. (3) If it is found that the respondent ward or proposed ward is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed. Amended by Act 2021, No. 516,§ 3, eff. 7/28/2021. Acts 1985, No. 940, § 16; A.S.A. 1947, § 57-835.

(a) At the hearing, the respondent ward or proposed ward shall have the right to: (1) Be represented by counsel; (2) Present evidence on his or her own behalf; (3) Cross-examine adverse witnesses; (4) (A) Be present. (B) (i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings. (ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and (5) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.

(1) Be represented by counsel;

(2) Present evidence on his or her own behalf;

(3) Cross-examine adverse witnesses;

(4) (A) Be present. (B) (i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings. (ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and

(A) Be present.

(B) (i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings. (ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and

(i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings.

(ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and

(a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and

(b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and

(5) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.

(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition.

(c) (1) If the respondent ward or proposed ward is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent. (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent ward or proposed ward, the court may dismiss the action. (3) If it is found that the respondent ward or proposed ward is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.

(1) If the respondent ward or proposed ward is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent.

(2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent ward or proposed ward, the court may dismiss the action.

(3) If it is found that the respondent ward or proposed ward is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.

Amended by Act 2021, No. 516,§ 3, eff. 7/28/2021.

Acts 1985, No. 940, § 16; A.S.A. 1947, § 57-835.
Ark. Code Ann. § 28-74-203 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-203
Jurisdiction
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state and: (A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court in this state concludes that it is an appropriate forum under the factors set forth in § 28-74-206 ; (3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) the requirements for special jurisdiction under § 28-74-204 are met. Acts 2011, No. 159, § 1.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this state is the respondent's home state;

(2) on the date the petition is filed, this state is a significant-connection state and: (A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court in this state concludes that it is an appropriate forum under the factors set forth in § 28-74-206 ;

(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court in this state concludes that it is an appropriate forum under the factors set forth in § 28-74-206 ;

(i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in § 28-74-206 ;

(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under § 28-74-204 are met.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-65-211 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-211
Determination of incapacity - Evidence required
Status: in_force

(a) The fact of minority, disappearance, or detention, or confinement by a foreign power shall be established by satisfactory evidence. (b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements. (2) If the alleged incapacitated person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or in a hospital or penal institution, one (1) of the professionals shall be a member of the medical staff of that hospital or institution. (3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person. (4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding. (c) The costs of the proceeding shall be paid by the petitioner, who shall be reimbursed therefor out of the estate of the incapacitated person, if a guardian is appointed. Acts 1985, No. 940, § 15; A.S.A. 1947, § 57-834.

(a) The fact of minority, disappearance, or detention, or confinement by a foreign power shall be established by satisfactory evidence.

(b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements. (2) If the alleged incapacitated person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or in a hospital or penal institution, one (1) of the professionals shall be a member of the medical staff of that hospital or institution. (3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person. (4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding.

(1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements.

(2) If the alleged incapacitated person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or in a hospital or penal institution, one (1) of the professionals shall be a member of the medical staff of that hospital or institution.

(3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person.

(4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding.

(c) The costs of the proceeding shall be paid by the petitioner, who shall be reimbursed therefor out of the estate of the incapacitated person, if a guardian is appointed.

Acts 1985, No. 940, § 15; A.S.A. 1947, § 57-834.
Ark. Code Ann. § 28-68-202 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-202
Incorporation of authority
Status: in_force

(a) An agent has authority described in this subchapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 28-68-204 - 28-68-217 or cites the section in which the authority is described. (b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§ 28-68-204 - 28-68-217 or a citation to a section of §§ 28-68-204 - 28-68-217 incorporates the entire section as if it were set out in full in the power of attorney. (c) A principal may modify authority incorporated by reference. Acts 1981, No. 659, 2; A.S.A. 1947, § 58-702; Acts 2011, No. 805, § 1.

(a) An agent has authority described in this subchapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 28-68-204 - 28-68-217 or cites the section in which the authority is described.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§ 28-68-204 - 28-68-217 or a citation to a section of §§ 28-68-204 - 28-68-217 incorporates the entire section as if it were set out in full in the power of attorney.

(c) A principal may modify authority incorporated by reference.

Acts 1981, No. 659, 2; A.S.A. 1947, § 58-702; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-72-710 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-710
Accumulation of income
Status: in_force

(a) The accumulation of income of trust property may be directed in the document creating a spendthrift trust or domestic asset protection trust for the benefit of one (1) or more beneficiaries to commence within the time permitted for the vesting of a future interest, but shall not extend beyond the period limiting the time within which the absolute power of alienation of property may be suspended. (b) (1) If the direction of the accumulation of income of trust property is for a longer term than is permitted by law, it is void only as to the excess time, regardless of whether the direction is separable from the other clauses in the trust. (2) In the case of invalidity of the direction of the accumulation of income of trust property, the income may be paid and distributed to the next succeeding beneficiary in interest. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

(a) The accumulation of income of trust property may be directed in the document creating a spendthrift trust or domestic asset protection trust for the benefit of one (1) or more beneficiaries to commence within the time permitted for the vesting of a future interest, but shall not extend beyond the period limiting the time within which the absolute power of alienation of property may be suspended.

(b) (1) If the direction of the accumulation of income of trust property is for a longer term than is permitted by law, it is void only as to the excess time, regardless of whether the direction is separable from the other clauses in the trust. (2) In the case of invalidity of the direction of the accumulation of income of trust property, the income may be paid and distributed to the next succeeding beneficiary in interest.

(1) If the direction of the accumulation of income of trust property is for a longer term than is permitted by law, it is void only as to the excess time, regardless of whether the direction is separable from the other clauses in the trust.

(2) In the case of invalidity of the direction of the accumulation of income of trust property, the income may be paid and distributed to the next succeeding beneficiary in interest.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-73-412 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-412
Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Status: in_force

(a) In addition to the procedure available under § 28-69-401 et seq., a court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention. (b) A court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's 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. Acts 2005, No. 1031, § 1.

(a) In addition to the procedure available under § 28-69-401 et seq., a court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.

(b) A court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's 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.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-66-122 — AR Code / Title 28 / Chapter 66 / Section 28-66-122
Modification of prior laws
Status: in_force

All acts or parts of acts relating to beneficiaries of the Veterans' Administration inconsistent with this chapter are hereby repealed, especially §§ 6318 to 6337 inclusive of Pope's Digest of the Statutes of Arkansas, and Act 283 of 1941. Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates. Acts 1943, No. 177, § 22; A.S.A. 1947, § 57-521.

All acts or parts of acts relating to beneficiaries of the Veterans' Administration inconsistent with this chapter are hereby repealed, especially §§ 6318 to 6337 inclusive of Pope's Digest of the Statutes of Arkansas, and Act 283 of 1941. Except where inconsistent with this chapter, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates.

Acts 1943, No. 177, § 22; A.S.A. 1947, § 57-521.
Ark. Code Ann. § 28-2-208 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-208
Disclaimer of interest by trustee
Status: in_force

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. Acts 2003, No. 610, § 8.

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

Acts 2003, No. 610, § 8.
Ark. Code Ann. § 28-73-811 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-811
Enforcement and defense of claims
Status: in_force

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. Acts 2005, No. 1031, § 1.

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-75-101 — AR Code / Title 28 / Chapter 28 / Section 28-75-101
Short title
Status: in_force

This chapter may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act". Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

This chapter may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act".

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-13-105 — AR Code / Title 28 / Chapter 13 / Section 28-13-105
Prosecuting attorney - Duties
Status: in_force

(a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall: (1) Examine the proceedings of the administration; (2) Cause process to be issued to compel the prompt settlement of his or her accounts; (3) Attend the settlement, when necessary, on behalf of the county; (4) Contest any item which to him or her shall appear unjust or unreasonable; and (5) In case of waste and mismanagement of the estate, or other maladministration, cause proper suits and proceedings to be instituted and prosecuted. (b) He or she is required, in behalf of the county, to do all things touching the administration which could be done by any sole heir, and especially to preserve the real estate from being improperly sold, wasted, or damaged. (c) It is made his or her special duty, by himself or herself or his or her deputy, whom he or she may make, when inconvenient to attend in person, to attend all the courts in his or her district in which any case under this chapter may be pending. Rev. Stat., ch. 57, §§ 8, 9; C. & M. Dig., §§ 4085, 4086; Pope's Dig., §§ 5094, 5095; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1808, 62-1809.

(a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall: (1) Examine the proceedings of the administration; (2) Cause process to be issued to compel the prompt settlement of his or her accounts; (3) Attend the settlement, when necessary, on behalf of the county; (4) Contest any item which to him or her shall appear unjust or unreasonable; and (5) In case of waste and mismanagement of the estate, or other maladministration, cause proper suits and proceedings to be instituted and prosecuted.

(1) Examine the proceedings of the administration;

(2) Cause process to be issued to compel the prompt settlement of his or her accounts;

(3) Attend the settlement, when necessary, on behalf of the county;

(4) Contest any item which to him or her shall appear unjust or unreasonable; and

(5) In case of waste and mismanagement of the estate, or other maladministration, cause proper suits and proceedings to be instituted and prosecuted.

(b) He or she is required, in behalf of the county, to do all things touching the administration which could be done by any sole heir, and especially to preserve the real estate from being improperly sold, wasted, or damaged.

(c) It is made his or her special duty, by himself or herself or his or her deputy, whom he or she may make, when inconvenient to attend in person, to attend all the courts in his or her district in which any case under this chapter may be pending.

Rev. Stat., ch. 57, §§ 8, 9; C. & M. Dig., §§ 4085, 4086; Pope's Dig., §§ 5094, 5095; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1808, 62-1809.
Ark. Code Ann. § 28-66-123 — AR Code / Title 28 / Chapter 66 / Section 28-66-123
Application of chapter
Status: in_force

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in § 28-66-101 whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment hereof. Acts 1943, No. 177, § 23; A.S.A. 1947, § 57-522.

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in § 28-66-101 whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment hereof.

Acts 1943, No. 177, § 23; A.S.A. 1947, § 57-522.
Ark. Code Ann. § 28-12-109 — AR Code / Title 28 / Chapter 12 / Section 28-12-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 9; A.S.A. 1947, § 61-409.

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

Acts 1981, No. 660, § 9; A.S.A. 1947, § 61-409.
Ark. Code Ann. § 28-74-205 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-205
Exclusive and continuing jurisdiction
Status: in_force

Except as otherwise provided in § 28-74-204 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. Acts 2011, No. 159, § 1.

Except as otherwise provided in § 28-74-204 , a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-25-109 — AR Code / Title 28 / Chapter 25 / Section 28-25-109
Revocation of wills
Status: in_force

(a) A will or any part thereof is revoked: (1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or (2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction. (b) If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401 . (c) When there has been a partial revocation, reattestation of the remainder of the will shall not be required. Acts 1949, No. 140, §§ 22, 23; 1979, No. 814, §§ 1, 2; A.S.A. 1947, §§ 60-406, 60-407.

(a) A will or any part thereof is revoked: (1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or (2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

(1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or

(2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

(b) If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401 .

(c) When there has been a partial revocation, reattestation of the remainder of the will shall not be required.

Acts 1949, No. 140, §§ 22, 23; 1979, No. 814, §§ 1, 2; A.S.A. 1947, §§ 60-406, 60-407.
Ark. Code Ann. § 28-71-103 — AR Code / Title 28 / Chapter 71 / Section 28-71-103
Fiduciaries subject to chapter
Status: in_force

Fiduciaries acting under authority granted before or after June 9, 1955, shall be subject to the provisions of this chapter. Acts 1955, No. 121, § 5; A.S.A. 1947, § 58-305.

Fiduciaries acting under authority granted before or after June 9, 1955, shall be subject to the provisions of this chapter.

Acts 1955, No. 121, § 5; A.S.A. 1947, § 58-305.
Ark. Code Ann. § 28-39-303 — AR Code / Title 28 / Chapter 39 / Subchapter 3 / Section 28-39-303
Proceedings for allotment
Status: in_force

(a) If dower or curtesy is not assigned to the surviving spouse within one (1) year after the death of his or her spouse, or within three (3) months after demand made therefor, the surviving spouse may file a written petition in the circuit court. This petition shall include a description of the lands in which he or she claims dower or curtesy, the names of those having interest in the lands, and the amount of the interest briefly stated in ordinary language with a prayer for the allotment of dower or curtesy. All persons interested in the property shall be summoned to appear and answer the petition. (b) Upon the petition's by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, the circuit court may make an order for the allotment of dower or curtesy according to the rights of the parties by commissioners appointed according to law. (c) Parties interested may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure. (d) (1) No verification shall be required to the petition or answer. (2) Petitions for dower or curtesy shall be heard and determined by the court without the necessity of formal pleading upon the petition, answer, exhibits, and other testimony. (e) If the petition is filed against infants or persons of unsound mind, the guardian or committee may appear and defend for them and protect their interests, and, if the guardian or committee does not appear and defend, the court shall appoint some discreet person for that purpose. (f) If any person summoned, as provided in this section, desires to contest the rights of the petitioner or the statements in the petition, he or she shall do so by a written answer, and the questions of the law and fact thereupon arising shall be tried and determined by the circuit court. (g) The costs of the division and allotment shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong. Amended by Act 2013, No. 1148,§ 59, eff. 8/16/2013. Rev. Stat., ch. 52, §§ 32, 37, 39; Civil Code, §§ 538-541, 543, 547, 548; C. & M. Dig., §§ 3547-3552, 3560; Pope's Dig., §§ 4433-4438, 4446; Acts 1981, No. 714, §§ 52-54; A.S.A. 1947, §§ 62-704 -- 62-710, 62-721; Acts 2003, No. 1185, § 275.

(a) If dower or curtesy is not assigned to the surviving spouse within one (1) year after the death of his or her spouse, or within three (3) months after demand made therefor, the surviving spouse may file a written petition in the circuit court. This petition shall include a description of the lands in which he or she claims dower or curtesy, the names of those having interest in the lands, and the amount of the interest briefly stated in ordinary language with a prayer for the allotment of dower or curtesy. All persons interested in the property shall be summoned to appear and answer the petition.

(b) Upon the petition's by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, the circuit court may make an order for the allotment of dower or curtesy according to the rights of the parties by commissioners appointed according to law.

(c) Parties interested may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure.

(d) (1) No verification shall be required to the petition or answer. (2) Petitions for dower or curtesy shall be heard and determined by the court without the necessity of formal pleading upon the petition, answer, exhibits, and other testimony.

(1) No verification shall be required to the petition or answer.

(2) Petitions for dower or curtesy shall be heard and determined by the court without the necessity of formal pleading upon the petition, answer, exhibits, and other testimony.

(e) If the petition is filed against infants or persons of unsound mind, the guardian or committee may appear and defend for them and protect their interests, and, if the guardian or committee does not appear and defend, the court shall appoint some discreet person for that purpose.

(f) If any person summoned, as provided in this section, desires to contest the rights of the petitioner or the statements in the petition, he or she shall do so by a written answer, and the questions of the law and fact thereupon arising shall be tried and determined by the circuit court.

(g) The costs of the division and allotment shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.

Amended by Act 2013, No. 1148,§ 59, eff. 8/16/2013.

Rev. Stat., ch. 52, §§ 32, 37, 39; Civil Code, §§ 538-541, 543, 547, 548; C. & M. Dig., §§ 3547-3552, 3560; Pope's Dig., §§ 4433-4438, 4446; Acts 1981, No. 714, §§ 52-54; A.S.A. 1947, §§ 62-704 -- 62-710, 62-721; Acts 2003, No. 1185, § 275.
Ark. Code Ann. § 28-73-908 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-908
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 the states enacting it. Acts 2005, No. 1031, § 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 the states enacting it.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-11-101 — AR Code / Title 28 / Chapter 11 / Subchapter 1 / Section 28-11-101
Definition
Status: in_force

As used in this chapter, "endowed" means invested and shall apply both to dower and curtesy. Rev. Stat., ch. 52, § 1; C. & M. Dig., § 3514; Pope's Dig., § 4396; Acts 1981, No. 714, § 18; A.S.A. 1947, § 61-201.

As used in this chapter, "endowed" means invested and shall apply both to dower and curtesy.

Rev. Stat., ch. 52, § 1; C. & M. Dig., § 3514; Pope's Dig., § 4396; Acts 1981, No. 714, § 18; A.S.A. 1947, § 61-201.
Ark. Code Ann. § 28-73-603 — AR Code / Title 28 / Chapter 73 / Subchapter 6 / Section 28-73-603
Settlor's powers - Powers of withdrawal
Status: in_force

(a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust. (b) While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. (c) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power. Amended by Act 2019, No. 1021,§ 3, eff. 1/1/2020. Acts 2005, No. 1031, § 1.

(a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.

(b) While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

(c) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

Amended by Act 2019, No. 1021,§ 3, eff. 1/1/2020.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-49-113 — AR Code / Title 28 / Chapter 49 / Section 28-49-113
Power to borrow money
Status: in_force

Upon a showing that such an action will be advantageous to the estate, the court may authorize the personal representative to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the estate in accordance with the provisions of §§ 28-51-201 and 28-51-301 . Acts 1949, No. 140, § 104; A.S.A. 1947, § 62-2411.

Upon a showing that such an action will be advantageous to the estate, the court may authorize the personal representative to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the estate in accordance with the provisions of §§ 28-51-201 and 28-51-301 .

Acts 1949, No. 140, § 104; A.S.A. 1947, § 62-2411.
Ark. Code Ann. § 28-73-1009 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1009
Beneficiary's consent, release, or ratification
Status: in_force

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach. Acts 2005, No. 1031, § 1.

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:

(1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-101 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-101
Short title
Status: in_force

This chapter shall be known and may be cited as the Uniform Power of Attorney Act. Acts 1981, No. 659, § 4; A.S.A. 1947, § 58-704; Acts 2011, No. 805, § 1.

This chapter shall be known and may be cited as the Uniform Power of Attorney Act.

Acts 1981, No. 659, § 4; A.S.A. 1947, § 58-704; Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-13-101 — AR Code / Title 28 / Chapter 13 / Section 28-13-101
Applicability of chapter
Status: in_force

The provisions of this chapter shall apply to all estates which have not escheated to the state prior to March 28, 1985. Acts 1985, No. 703, § 6; A.S.A. 1947, § 62-1833.

The provisions of this chapter shall apply to all estates which have not escheated to the state prior to March 28, 1985.

Acts 1985, No. 703, § 6; A.S.A. 1947, § 62-1833.
Ark. Code Ann. § 28-74-202 — AR Code / Title 28 / Chapter 74 / Subchapter 2 / Section 28-74-202
Exclusive basis
Status: in_force

This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Acts 2011, No. 159, § 1.

This subchapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-53-117 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-117
Escheats
Status: in_force

No part of the present law of escheats shall be repealed by the Probate Code. Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.

No part of the present law of escheats shall be repealed by the Probate Code.

Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.
Ark. Code Ann. § 28-67-109 — AR Code / Title 28 / Chapter 67 / Section 28-67-109
Discharge
Status: in_force

(a) A conservator may be discharged by the court upon the application of the ward or, otherwise, upon such notice to the conservator and next of kin of the ward as the court may determine reasonable and proper when it appears that the conservatorship is no longer necessary. (b) In the event of death, resignation, or removal of a conservator, the court, on the application of the former ward and upon such notice to the next of kin of the ward as the court may order, may certify that the ward is discharged by operation of law if it appears that the conservatorship of the ward is no longer necessary. Acts 1975, No. 372, § 7; A.S.A. 1947, § 57-707.

(a) A conservator may be discharged by the court upon the application of the ward or, otherwise, upon such notice to the conservator and next of kin of the ward as the court may determine reasonable and proper when it appears that the conservatorship is no longer necessary.

(b) In the event of death, resignation, or removal of a conservator, the court, on the application of the former ward and upon such notice to the next of kin of the ward as the court may order, may certify that the ward is discharged by operation of law if it appears that the conservatorship of the ward is no longer necessary.

Acts 1975, No. 372, § 7; A.S.A. 1947, § 57-707.
Ark. Code Ann. § 28-69-704 — AR Code / Title 28 / Chapter 69 / Subchapter 7 / Section 28-69-704
Exercise of authority by trustee
Status: in_force

(a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval. (b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that: (1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and (2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable. Acts 1997, No. 585, § 1.

(a) A trustee may exercise the authority granted in this subchapter without procuring any judicial authorization or approval.

(b) A trustee may exercise the authority granted in this subchapter to divide both funded and unfunded trusts, provided, however, that: (1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and (2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.

(1) An unfunded testamentary trust may be divided only after the will establishing the trust has been admitted to probate; and

(2) An unfunded nontestamentary trust may be divided only if the governing instrument establishing the trust is not revocable.

Acts 1997, No. 585, § 1.
Ark. Code Ann. § 28-72-502 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-502
Legislative intent
Status: in_force

(a) It is found and declared by the General Assembly that the establishment of a long-term intergenerational security trust with tax deferment provisions for an individual under eighteen (18) years of age will enable the individual's family and friends to take advantage of long-term growth opportunities and provide for the accumulation of a sizable sum of money for the individual's retirement and financial security. (b) It is further found and declared that individuals are living longer after retirement and their incomes do not generally grow with inflation and that the additional source of money created by a long-term intergenerational security trust will improve the quality of life of older Arkansans and possibly indirectly reduce present government expenditures. Acts 1995, No. 1303, § 2.

(a) It is found and declared by the General Assembly that the establishment of a long-term intergenerational security trust with tax deferment provisions for an individual under eighteen (18) years of age will enable the individual's family and friends to take advantage of long-term growth opportunities and provide for the accumulation of a sizable sum of money for the individual's retirement and financial security.

(b) It is further found and declared that individuals are living longer after retirement and their incomes do not generally grow with inflation and that the additional source of money created by a long-term intergenerational security trust will improve the quality of life of older Arkansans and possibly indirectly reduce present government expenditures.

Acts 1995, No. 1303, § 2.
Ark. Code Ann. § 28-11-306 — AR Code / Title 28 / Chapter 11 / Subchapter 3 / Section 28-11-306
Bonds, notes, accounts, and evidences of debt
Status: in_force

If any person shall die leaving a surviving spouse, the surviving spouse shall be allowed to take the same dower or curtesy in the bonds, bills, notes, books, accounts, and evidences of debt as the surviving spouse would be entitled to take out of the personal property or cash on hand of the deceased spouse. Acts 1859, No. 231, § 1, p. 299; 1867, No. 116, § 1, p. 277; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 20; A.S.A. 1947, § 61-203.

If any person shall die leaving a surviving spouse, the surviving spouse shall be allowed to take the same dower or curtesy in the bonds, bills, notes, books, accounts, and evidences of debt as the surviving spouse would be entitled to take out of the personal property or cash on hand of the deceased spouse.

Acts 1859, No. 231, § 1, p. 299; 1867, No. 116, § 1, p. 277; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 20; A.S.A. 1947, § 61-203.
Ark. Code Ann. § 28-12-111 — AR Code / Title 28 / Chapter 12 / Section 28-12-111
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 11; A.S.A. 1947, § 61-411.

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

Acts 1981, No. 660, § 11; A.S.A. 1947, § 61-411.
Ark. Code Ann. § 28-1-117 — AR Code / Title 28 / Chapter 1 / Section 28-1-117
Use of certified mail permitted
Status: in_force

Anything permitted or required by the Probate Code to be served or transmitted by registered mail may be served or transmitted either by registered mail or by certified mail, and return receipts for the delivery of certified mail shall be received in the courts as prima facie evidence of the delivery to the same extent as return receipts for the delivery of registered mail. Acts 1957, No. 29, § 1; A.S.A. 1947, § 62-2017.

Anything permitted or required by the Probate Code to be served or transmitted by registered mail may be served or transmitted either by registered mail or by certified mail, and return receipts for the delivery of certified mail shall be received in the courts as prima facie evidence of the delivery to the same extent as return receipts for the delivery of registered mail.

Acts 1957, No. 29, § 1; A.S.A. 1947, § 62-2017.
Ark. Code Ann. § 28-52-108 — AR Code / Title 28 / Chapter 52 / Section 28-52-108
Reference to auditor
Status: in_force

(a) In its discretion, the court may refer an account to an auditor for examination and restatement. (b) The auditor shall be governed by the law which applies to a master in circuit court for the examination and restatement of an account. (c) Upon restatement of the account, the auditor shall file it with the court. (d) The court shall examine the account as restated at a hearing held after notice of the hearing given to the personal representative and other persons, if any, as the court may direct. (e) After the hearing the court may approve, modify, or disapprove the account as restated. Acts 1949, No. 140, § 155; A.S.A. 1947, § 62-2809.

(a) In its discretion, the court may refer an account to an auditor for examination and restatement.

(b) The auditor shall be governed by the law which applies to a master in circuit court for the examination and restatement of an account.

(c) Upon restatement of the account, the auditor shall file it with the court.

(d) The court shall examine the account as restated at a hearing held after notice of the hearing given to the personal representative and other persons, if any, as the court may direct.

(e) After the hearing the court may approve, modify, or disapprove the account as restated.

Acts 1949, No. 140, § 155; A.S.A. 1947, § 62-2809.
Ark. Code Ann. § 28-70-104 — AR Code / Title 28 / Chapter 70 / Subchapter 1 / Section 28-70-104
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 104; 2005, No. 1962, § 118.

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

Acts 1999, No. 647, § 104; 2005, No. 1962, § 118.
Ark. Code Ann. § 28-9-219 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-219
Distinction between ancestral estates and new acquisitions abolished
Status: in_force

(a) Only for the purposes of intestate succession, the distinction between "ancestral estate" and "new acquisitions" in respect to real estate owned by an intestate is abolished. (b) The devolution of real estate and personal property which the intestate acquired by gift, devise, or descent from some ancestor shall be controlled by the same rules which apply to the devolution of real estate and personal property acquired by the intestate in any other manner. Acts 1969, No. 303, § 18; A.S.A. 1947, § 61-148.

(a) Only for the purposes of intestate succession, the distinction between "ancestral estate" and "new acquisitions" in respect to real estate owned by an intestate is abolished.

(b) The devolution of real estate and personal property which the intestate acquired by gift, devise, or descent from some ancestor shall be controlled by the same rules which apply to the devolution of real estate and personal property acquired by the intestate in any other manner.

Acts 1969, No. 303, § 18; A.S.A. 1947, § 61-148.
Ark. Code Ann. § 28-48-202 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-202
Failure to give bond or file acceptance
Status: in_force

If at any time a personal representative fails to give a bond as required by the court or, if no bond is required, fails to file written acceptance of his or her appointment within the time fixed by the court, some other person shall be appointed in his or her stead. If letters have been issued, they shall be revoked. Acts 1949, No. 140, § 87; A.S.A. 1947, § 62-2218.

If at any time a personal representative fails to give a bond as required by the court or, if no bond is required, fails to file written acceptance of his or her appointment within the time fixed by the court, some other person shall be appointed in his or her stead. If letters have been issued, they shall be revoked.

Acts 1949, No. 140, § 87; A.S.A. 1947, § 62-2218.
Ark. Code Ann. § 28-73-504 — AR Code / Title 28 / Chapter 73 / Subchapter 5 / Section 28-73-504
Discretionary trusts - Effect of standard
Status: in_force

(a) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion. (b) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. Under § 28-73-814(a) , a trustee must always exercise a discretionary power in good faith and with regard to the purposes of the trust and the interests of the beneficiaries. (c) A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard. Acts 2005, No. 1031, § 1.

(a) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion.

(1) the discretion is expressed in the form of a standard of distribution; or

(2) the trustee has abused the discretion.

(b) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. Under § 28-73-814(a) , a trustee must always exercise a discretionary power in good faith and with regard to the purposes of the trust and the interests of the beneficiaries.

(c) A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard.

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

(a) Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner. (b) This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal. Acts 1949, No. 140, § 10; A.S.A. 1947, § 62-2010.

(a) Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner.

(b) This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal.

Acts 1949, No. 140, § 10; A.S.A. 1947, § 62-2010.
Ark. Code Ann. § 28-51-107 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-107
Purchase by holder of lien
Status: in_force

(a) At any sale of real or personal property upon which there is a mortgage, pledge, or other lien, the holder thereof may become the purchaser and, unless the property is being sold subject to the lien, may apply the amount of his or her lien on the purchase price in the following manner: (1) If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto. (2) If the mortgage, pledge, or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him or her from the proceeds of the sale is a payment pro tanto. (b) Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon the mortgage, pledge, or other lien. Acts 1949, No. 140, § 132; A.S.A. 1947, § 62-2709.

(a) At any sale of real or personal property upon which there is a mortgage, pledge, or other lien, the holder thereof may become the purchaser and, unless the property is being sold subject to the lien, may apply the amount of his or her lien on the purchase price in the following manner: (1) If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto. (2) If the mortgage, pledge, or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him or her from the proceeds of the sale is a payment pro tanto.

(1) If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto.

(2) If the mortgage, pledge, or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him or her from the proceeds of the sale is a payment pro tanto.

(b) Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon the mortgage, pledge, or other lien.

Acts 1949, No. 140, § 132; A.S.A. 1947, § 62-2709.
Ark. Code Ann. § 28-73-1103 — AR Code / Title 28 / Chapter 73 / Subchapter 11 / Section 28-73-1103
Severability clause
Status: in_force

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 2005, No. 1031, § 1.

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

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-39-201 — AR Code / Title 28 / Chapter 39 / Subchapter 2 / Section 28-39-201
Rights of surviving spouse and children
Status: in_force

(a) If the owner of a homestead dies leaving a surviving spouse, but no children, and the surviving spouse has no separate homestead in his or her own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life. (b) However, if the owner leaves one (1) or more children, the child or children shall share with the surviving spouse and be entitled to one-half (½) the rents and profits till each of them arrives at twenty-one (21) years of age, each child's right to cease at twenty-one (21) years of age, and the shares to go to the younger children and then all to go to the surviving spouse. The surviving spouse or children may reside on the homestead or not. (c) In case of the death of the surviving spouse, all of the homestead shall be vested in the minor children of the original homestead owner. (d) Any rights and benefits given by this section shall not vest until the parties have been continuously married to each other for a period in excess of one (1) year. Acts 1981, No. 663, § 5; A.S.A. 1947, § 30-225.

(a) If the owner of a homestead dies leaving a surviving spouse, but no children, and the surviving spouse has no separate homestead in his or her own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life.

(b) However, if the owner leaves one (1) or more children, the child or children shall share with the surviving spouse and be entitled to one-half (½) the rents and profits till each of them arrives at twenty-one (21) years of age, each child's right to cease at twenty-one (21) years of age, and the shares to go to the younger children and then all to go to the surviving spouse. The surviving spouse or children may reside on the homestead or not.

(c) In case of the death of the surviving spouse, all of the homestead shall be vested in the minor children of the original homestead owner.

(d) Any rights and benefits given by this section shall not vest until the parties have been continuously married to each other for a period in excess of one (1) year.

Acts 1981, No. 663, § 5; A.S.A. 1947, § 30-225.
Ark. Code Ann. § 28-11-301 — AR Code / Title 28 / Chapter 11 / Subchapter 3 / Section 28-11-301
Land generally
Status: in_force

(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form. (b) A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate. Rev. Stat., ch. 52, §§ 1, 28; C. & M. Dig., §§ 3514, 3543; Pope's Dig., §§ 4396, 4429; Acts 1981, No. 714, §§ 18, 24; A.S.A. 1947, §§ 61-201, 61-207.

(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form.

(b) A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate.

Rev. Stat., ch. 52, §§ 1, 28; C. & M. Dig., §§ 3514, 3543; Pope's Dig., §§ 4396, 4429; Acts 1981, No. 714, §§ 18, 24; A.S.A. 1947, §§ 61-201, 61-207.
Ark. Code Ann. § 28-73-302 — AR Code / Title 28 / Chapter 73 / Subchapter 3 / Section 28-73-302
Representation by holder of general testamentary power of appointment
Status: in_force

To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Acts 2005, No. 1031, § 1.

To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-218 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-218
Doctrine of first purchaser abolished
Status: in_force

This subchapter is intended to abolish the common law rule of the blood of the first purchaser under which in the case of successive inheritances of land the intestate's property would descend only to such of his or her heirs as were of the blood of the next preceding ancestor in the line of successive descents who acquired title by purchase, that is to say, by any method other than descent. Acts 1969, No. 303, § 16; A.S.A. 1947, § 61-146.

This subchapter is intended to abolish the common law rule of the blood of the first purchaser under which in the case of successive inheritances of land the intestate's property would descend only to such of his or her heirs as were of the blood of the next preceding ancestor in the line of successive descents who acquired title by purchase, that is to say, by any method other than descent.

Acts 1969, No. 303, § 16; A.S.A. 1947, § 61-146.
Ark. Code Ann. § 28-53-204 — AR Code / Title 28 / Chapter 53 / Subchapter 2 / Section 28-53-204
Assets distributed to be representative of appreciation or depreciation of all assets
Status: in_force

A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation. Acts 1967, No. 209, § 2; A.S.A. 1947, § 62-2909.2.

A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation.

Acts 1967, No. 209, § 2; A.S.A. 1947, § 62-2909.2.
Ark. Code Ann. § 28-9-210 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-210
Posthumous heirs
Status: in_force

(a) Posthumous descendants of the intestate conceived before his or her death but born thereafter shall inherit in the same manner as if born in the lifetime of the intestate. (b) However, no right of inheritance shall accrue to any person other than a lineal descendant of the intestate, unless such a person has been born at the time of the intestate's death. Acts 1969, No. 303, § 12; A.S.A. 1947, § 61-142.

(a) Posthumous descendants of the intestate conceived before his or her death but born thereafter shall inherit in the same manner as if born in the lifetime of the intestate.

(b) However, no right of inheritance shall accrue to any person other than a lineal descendant of the intestate, unless such a person has been born at the time of the intestate's death.

Acts 1969, No. 303, § 12; A.S.A. 1947, § 61-142.
Ark. Code Ann. § 28-70-602 — AR Code / Title 28 / Chapter 70 / Subchapter 6 / Section 28-70-602
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 602.

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

Acts 1999, No. 647, § 602.
Ark. Code Ann. § 28-39-403 — AR Code / Title 28 / Chapter 39 / Subchapter 4 / Section 28-39-403
Spouse's time limitation for filing election
Status: in_force

(a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims. (b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation. Acts 1949, No. 140, § 35; A.S.A. 1947, § 60-503.

(a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims.

(b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation.

Acts 1949, No. 140, § 35; A.S.A. 1947, § 60-503.
Ark. Code Ann. § 28-1-106 — AR Code / Title 28 / Chapter 1 / Section 28-1-106
Referees and probate clerks
Status: in_force

(a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule. (b) (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees. (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court. (c) (1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law. (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction. (d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents. Acts 1949, No. 140, §§ 6, 8; 1953, No. 165, § 1; A.S.A. 1947, §§ 62-2006, 62-2008; Acts 1993, No. 758, § 1; 2003, No. 1185, § 270.

(a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule.

(b) (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees. (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court.

(1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees.

(2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court.

(c) (1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law. (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction.

(1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law.

(A) Take acknowledgments;

(B) Administer oaths;

(C) Issue notices and process;

(D) Certify copies of instruments, documents, and records of the court; and

(E) Perform the usual functions of his or her office and other functions as may be authorized by law.

(2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction.

(d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents.

Acts 1949, No. 140, §§ 6, 8; 1953, No. 165, § 1; A.S.A. 1947, §§ 62-2006, 62-2008; Acts 1993, No. 758, § 1; 2003, No. 1185, § 270.
Ark. Code Ann. § 28-39-402 — AR Code / Title 28 / Chapter 39 / Subchapter 4 / Section 28-39-402
Notice to spouse of right to elect
Status: in_force

Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the decedent's surviving spouse at his or her mailing address, if known, in which shall be stated the time within which a written election must be filed by or on behalf of the surviving spouse in order to take against the will. Acts 1949, No. 140, § 34; A.S.A. 1947, § 60-502.

Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the decedent's surviving spouse at his or her mailing address, if known, in which shall be stated the time within which a written election must be filed by or on behalf of the surviving spouse in order to take against the will.

Acts 1949, No. 140, § 34; A.S.A. 1947, § 60-502.
Ark. Code Ann. § 28-76-118 — AR Code / Title 28 / Chapter 76 / Section 28-76-118
Relation to the Electronic Signatures and Global National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 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 2019, No. 1021,§ 5, eff. 1/1/2020.

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 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-65-503 — AR Code / Title 28 / Chapter 65 / Subchapter 5 / Section 28-65-503
Ward receiving public assistance
Status: in_force

(a) The circuit court in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment and delivery of any moneys or other property due or that may in the future become due the minor or incompetent person to some suitable person, institution, or agency for the minor or incompetent person, to be retained, used, expended, distributed, or disposed of, for the benefit of the minor or incompetent person as the court may direct, in cases in which: (1) The present total value of the personal property of a minor or an incompetent person is less than twenty-five thousand dollars ($25,000); (2) The minor or incompetent person owns no real property; (3) The minor or incompetent person should have a guardian to care for his or her needs; and (4) The minor or incompetent person is supported in whole or in part by a monthly income from the Department of Human Services, pension boards, or any other person or agency except the United States Department of Veterans Affairs. (b) In the event the moneys or other property of the minor or incompetent person accumulates to a total value of twenty-five thousand dollars ($25,000) or more, the suitable person shall immediately report that fact to the circuit court. Amended by Act 2023, No. 326,§ 10, eff. 8/1/2023. Acts 1953, No. 340, § 1; A.S.A. 1947, § 57-646.1; Acts 2005, No. 1962, § 117.

(a) The circuit court in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment and delivery of any moneys or other property due or that may in the future become due the minor or incompetent person to some suitable person, institution, or agency for the minor or incompetent person, to be retained, used, expended, distributed, or disposed of, for the benefit of the minor or incompetent person as the court may direct, in cases in which: (1) The present total value of the personal property of a minor or an incompetent person is less than twenty-five thousand dollars ($25,000); (2) The minor or incompetent person owns no real property; (3) The minor or incompetent person should have a guardian to care for his or her needs; and (4) The minor or incompetent person is supported in whole or in part by a monthly income from the Department of Human Services, pension boards, or any other person or agency except the United States Department of Veterans Affairs.

(1) The present total value of the personal property of a minor or an incompetent person is less than twenty-five thousand dollars ($25,000);

(2) The minor or incompetent person owns no real property;

(3) The minor or incompetent person should have a guardian to care for his or her needs; and

(4) The minor or incompetent person is supported in whole or in part by a monthly income from the Department of Human Services, pension boards, or any other person or agency except the United States Department of Veterans Affairs.

(b) In the event the moneys or other property of the minor or incompetent person accumulates to a total value of twenty-five thousand dollars ($25,000) or more, the suitable person shall immediately report that fact to the circuit court.

Amended by Act 2023, No. 326,§ 10, eff. 8/1/2023.

Acts 1953, No. 340, § 1; A.S.A. 1947, § 57-646.1; Acts 2005, No. 1962, § 117.
Ark. Code Ann. § 28-65-209 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-209
Request for special notice of hearings
Status: in_force

(a) (1) At any time after the issuance of letters of guardianship, any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; or any department, bureau, agency, or political subdivision of the United States or of this state, or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or an interested person may serve, in person or by attorney, upon the guardian or upon his or her attorney and file with the clerk of the court where the proceedings are pending, with a written admission or proof of service, a written request stating that he or she desires written notice of all hearings on petitions for: (A) The settlements of accounts; (B) The sale, mortgage, lease, or exchange of any property of the estate; (C) An allowance of any nature payable from the ward's estate; (D) The investment of funds of the estate; (E) The removal, suspension, or discharge of the guardian or final termination of the guardianship; and (F) Any other matter affecting the welfare or care of the incapacitated person and his or her property. (2) The applicant for such a notice must include in his or her written request his or her post office address or that of his or her attorney. (b) Unless the court otherwise directs, upon filing the request, the person shall be entitled to notice of all such hearings or of such of them as he or she designates in his or her request. Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.

(a) (1) At any time after the issuance of letters of guardianship, any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; or any department, bureau, agency, or political subdivision of the United States or of this state, or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or an interested person may serve, in person or by attorney, upon the guardian or upon his or her attorney and file with the clerk of the court where the proceedings are pending, with a written admission or proof of service, a written request stating that he or she desires written notice of all hearings on petitions for: (A) The settlements of accounts; (B) The sale, mortgage, lease, or exchange of any property of the estate; (C) An allowance of any nature payable from the ward's estate; (D) The investment of funds of the estate; (E) The removal, suspension, or discharge of the guardian or final termination of the guardianship; and (F) Any other matter affecting the welfare or care of the incapacitated person and his or her property. (2) The applicant for such a notice must include in his or her written request his or her post office address or that of his or her attorney.

(1) At any time after the issuance of letters of guardianship, any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward's estate; or any department, bureau, agency, or political subdivision of the United States or of this state, or any charitable organization, which may be charged with the supervision, control, or custody of the incapacitated person; or an interested person may serve, in person or by attorney, upon the guardian or upon his or her attorney and file with the clerk of the court where the proceedings are pending, with a written admission or proof of service, a written request stating that he or she desires written notice of all hearings on petitions for: (A) The settlements of accounts; (B) The sale, mortgage, lease, or exchange of any property of the estate; (C) An allowance of any nature payable from the ward's estate; (D) The investment of funds of the estate; (E) The removal, suspension, or discharge of the guardian or final termination of the guardianship; and (F) Any other matter affecting the welfare or care of the incapacitated person and his or her property.

(A) The settlements of accounts;

(B) The sale, mortgage, lease, or exchange of any property of the estate;

(C) An allowance of any nature payable from the ward's estate;

(D) The investment of funds of the estate;

(E) The removal, suspension, or discharge of the guardian or final termination of the guardianship; and

(F) Any other matter affecting the welfare or care of the incapacitated person and his or her property.

(2) The applicant for such a notice must include in his or her written request his or her post office address or that of his or her attorney.

(b) Unless the court otherwise directs, upon filing the request, the person shall be entitled to notice of all such hearings or of such of them as he or she designates in his or her request.

Acts 1985, No. 940, § 14; A.S.A. 1947, § 57-833.
Ark. Code Ann. § 28-69-805 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-805
Delegation of management and investment functions
Status: in_force

(a) Subject to any specific limitation set forth in a gift instrument or in law other than this subchapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in: (1) selecting an agent; (2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. (c) An institution that complies with subsection (a) is not liable for the decisions or actions of an agent to which the function was delegated. (d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function. (e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this subchapter. Acts 2009, No. 262, § 1.

(a) Subject to any specific limitation set forth in a gift instrument or in law other than this subchapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in: (1) selecting an agent; (2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.

(1) selecting an agent;

(2) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and

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

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

(c) An institution that complies with subsection (a) is not liable for the decisions or actions of an agent to which the function was delegated.

(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.

(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this subchapter.

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-77-504 — AR Code / Title 28 / Chapter 77 / Subchapter 5 / Section 28-77-504
Reimbursement of income from principal
Status: in_force

(a) If a fiduciary makes or expects to make an income disbursement described in subsection (b), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income. (b) To the extent the fiduciary has not been and does not expect to be reimbursed by a third party, income disbursements to which subsection (a) applies include: (1) an amount chargeable to principal but paid from income because principal is illiquid; (2) a disbursement made to prepare property for sale, including improvements and commissions; and (3) a disbursement described in § 28-77-502(a) . (c) If an asset whose ownership gives rise to an income disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under subsection (a). Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

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

(b) To the extent the fiduciary has not been and does not expect to be reimbursed by a third party, income disbursements to which subsection (a) applies include: (1) an amount chargeable to principal but paid from income because principal is illiquid; (2) a disbursement made to prepare property for sale, including improvements and commissions; and (3) a disbursement described in § 28-77-502(a) .

(1) an amount chargeable to principal but paid from income because principal is illiquid;

(2) a disbursement made to prepare property for sale, including improvements and commissions; and

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

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

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.