Ark. Code Ann. § 28-65-320 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-320
Accounting
Status: in_force

(a) Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration: (1) Annually within sixty (60) days after the anniversary date of his or her appointment; and (2) Within sixty (60) days after termination of his or her guardianship. (b) Notice of the hearing of every accounting shall be given to the same persons and in the same manner as is required by §§ 28-65-207 and 28-65-208 for notice of the petition for the appointment of a guardian, except that the court may dispense with the giving of notice to a mentally incompetent ward upon a satisfactory showing that the giving of notice would be detrimental to his or her well-being. (c) With respect to each item for which credit is claimed, the account shall show whether or not the item has been paid, and, in either event, the court may allow or disallow any item in whole or in part, subject to such protection as is extended the guardian with respect to actions taken by him or her in good faith in reliance upon orders previously made by the court. (d) When notice has been given as provided in subsection (b) of this section, the settlement by the court of an account is binding upon all persons concerned, subject to the right of appeal and to the power of the courts to vacate its final order. (e) The provisions of §§ 28-52-101 , 28-52-103 - 28-52-105 , 28-52-107 , 28-52-108 , and 28-52-110 relating to accounting by a personal representative shall apply also to accounting by a guardian. (f) A guardian who fails to file an accounting within the time limit prescribed by this section may be denied compensation for services performed between the date an accounting should have been filed and the date it is filed. Acts 1985, No. 940, § 43; A.S.A. 1947, § 57-862.

(a) Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration: (1) Annually within sixty (60) days after the anniversary date of his or her appointment; and (2) Within sixty (60) days after termination of his or her guardianship.

(1) Annually within sixty (60) days after the anniversary date of his or her appointment; and

(2) Within sixty (60) days after termination of his or her guardianship.

(b) Notice of the hearing of every accounting shall be given to the same persons and in the same manner as is required by §§ 28-65-207 and 28-65-208 for notice of the petition for the appointment of a guardian, except that the court may dispense with the giving of notice to a mentally incompetent ward upon a satisfactory showing that the giving of notice would be detrimental to his or her well-being.

(c) With respect to each item for which credit is claimed, the account shall show whether or not the item has been paid, and, in either event, the court may allow or disallow any item in whole or in part, subject to such protection as is extended the guardian with respect to actions taken by him or her in good faith in reliance upon orders previously made by the court.

(d) When notice has been given as provided in subsection (b) of this section, the settlement by the court of an account is binding upon all persons concerned, subject to the right of appeal and to the power of the courts to vacate its final order.

(e) The provisions of §§ 28-52-101 , 28-52-103 - 28-52-105 , 28-52-107 , 28-52-108 , and 28-52-110 relating to accounting by a personal representative shall apply also to accounting by a guardian.

(f) A guardian who fails to file an accounting within the time limit prescribed by this section may be denied compensation for services performed between the date an accounting should have been filed and the date it is filed.

Acts 1985, No. 940, § 43; A.S.A. 1947, § 57-862.
Ark. Code Ann. § 28-51-106 — AR Code / Title 28 / Chapter 51 / Subchapter 1 / Section 28-51-106
Purchase by personal representative
Status: in_force

A personal representative shall not purchase property of the estate unless sold at public sale and approved by the court after a hearing on confirmation of the sale, notice of the hearing having been given to the distributees, and then only if the personal representative is a spouse, parent, descendant, brother, or sister of the decedent, or at the time of the sale is, and at the time of the death of the decedent was, the owner of an interest in the property. Acts 1949, No. 140, § 131; A.S.A. 1947, § 62-2708.

A personal representative shall not purchase property of the estate unless sold at public sale and approved by the court after a hearing on confirmation of the sale, notice of the hearing having been given to the distributees, and then only if the personal representative is a spouse, parent, descendant, brother, or sister of the decedent, or at the time of the sale is, and at the time of the death of the decedent was, the owner of an interest in the property.

Acts 1949, No. 140, § 131; A.S.A. 1947, § 62-2708.
Ark. Code Ann. § 28-54-115 — AR Code / Title 28 / Chapter 54 / Section 28-54-115
Effective date
Status: in_force

This chapter takes effect on January 1, 2008. Acts 2007, No. 276, § 1.

This chapter takes effect on January 1, 2008.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-14-107 — AR Code / Title 28 / Chapter 14 / Section 28-14-107
Ownership on death of owner
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. Acts 1993, No. 114, § 7.

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

Acts 1993, No. 114, § 7.
Ark. Code Ann. § 28-40-116 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-116
Will subsequently presented for probate
Status: in_force

(a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together and determine what instruments, if any, should be admitted to probate or whether the decedent died intestate. (b) If, after a will has been admitted to probate or after letters of administration have been granted, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall determine whether the former probate or the former grant of letters should be revoked and whether the other will should be admitted to probate or whether the decedent died intestate. (c) No will shall be admitted to probate under the provisions of this section unless it is presented for probate before the court orders or approves final distribution of the estate. (d) When a will is presented for probate under the provisions of this section, the proceedings shall be deemed a part of the proceedings for probate or for administration already initiated. (e) If notice by publication has been given as provided in § 28-40-110 or in § 28-40-111 , no further notice by publication is necessary unless ordered by the court. However, notice of the hearing shall be given to each heir and to each devisee named and the executor nominated in this or in any other will offered for or admitted to probate whose place of residence is known, and notice shall be given to such other persons as the court may direct. Acts 1949, No. 140, § 55; A.S.A. 1947, § 62-2116.

(a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together and determine what instruments, if any, should be admitted to probate or whether the decedent died intestate.

(b) If, after a will has been admitted to probate or after letters of administration have been granted, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall determine whether the former probate or the former grant of letters should be revoked and whether the other will should be admitted to probate or whether the decedent died intestate.

(c) No will shall be admitted to probate under the provisions of this section unless it is presented for probate before the court orders or approves final distribution of the estate.

(d) When a will is presented for probate under the provisions of this section, the proceedings shall be deemed a part of the proceedings for probate or for administration already initiated.

(e) If notice by publication has been given as provided in § 28-40-110 or in § 28-40-111 , no further notice by publication is necessary unless ordered by the court. However, notice of the hearing shall be given to each heir and to each devisee named and the executor nominated in this or in any other will offered for or admitted to probate whose place of residence is known, and notice shall be given to such other persons as the court may direct.

Acts 1949, No. 140, § 55; A.S.A. 1947, § 62-2116.
Ark. Code Ann. § 28-72-422 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-422
Severability
Status: in_force

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. Acts 1991, No. 273, § 23.

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Acts 1991, No. 273, § 23.
Ark. Code Ann. § 28-73-417 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-417
Combination and division of trusts
Status: in_force

(a) (1) After notice to the qualified beneficiaries, a trustee may combine two (2) or more trusts into a single trust or divide a trust into two (2) or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. (2) A trustee may exercise the authority granted in this section without court approval. (b) This section does not repeal the Trustee Division of Trusts Act, § 28-69-701 et seq. Acts 2005, No. 1031, § 1.

(a) (1) After notice to the qualified beneficiaries, a trustee may combine two (2) or more trusts into a single trust or divide a trust into two (2) or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. (2) A trustee may exercise the authority granted in this section without court approval.

(1) After notice to the qualified beneficiaries, a trustee may combine two (2) or more trusts into a single trust or divide a trust into two (2) or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.

(2) A trustee may exercise the authority granted in this section without court approval.

(b) This section does not repeal the Trustee Division of Trusts Act, § 28-69-701 et seq.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-73-413 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-413
Cy pres
Status: in_force

(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. (b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of a court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) the trust property is to revert to the settlor and the settlor is still living; or (2) less than thirty (30) years have elapsed since the date of the trust's creation. Acts 2005, No. 1031, § 1.

(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor's successors in interest; and (3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.

(1) the trust does not fail, in whole or in part;

(2) the trust property does not revert to the settlor or the settlor's successors in interest; and

(3) a court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.

(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of a court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) the trust property is to revert to the settlor and the settlor is still living; or (2) less than thirty (30) years have elapsed since the date of the trust's creation.

(1) the trust property is to revert to the settlor and the settlor is still living; or

(2) less than thirty (30) years have elapsed since the date of the trust's creation.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-74-504 — AR Code / Title 28 / Chapter 74 / Subchapter 5 / Section 28-74-504
Transitional provision
Status: in_force

(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012. (b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued. Acts 2011, No. 159, § 1.

(a) This act applies to guardianship and protective proceedings begun on or after January 1, 2012.

(b) Section 28-74-101 et seq., § 28-74-301 et seq., § 28-74-401 et seq., and §§ 28-74-501 and 28-74-502 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-53-113 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-113
Exoneration of encumbered property
Status: in_force

As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security for satisfaction of the debt. Acts 1949, No. 140, § 167; A.S.A. 1947, § 62-2908.

As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security for satisfaction of the debt.

Acts 1949, No. 140, § 167; A.S.A. 1947, § 62-2908.
Ark. Code Ann. § 28-69-705 — AR Code / Title 28 / Chapter 69 / Subchapter 7 / Section 28-69-705
Effect of exercise of authority
Status: in_force

If a trustee divides a trust into separate trusts under this subchapter, the terms of the separate trusts need not be identical but must provide for the same succession of interests and beneficiaries as are provided in the original trust. Differing tax elections may be made for each of the separate trusts. Acts 1997, No. 585, § 1.

If a trustee divides a trust into separate trusts under this subchapter, the terms of the separate trusts need not be identical but must provide for the same succession of interests and beneficiaries as are provided in the original trust. Differing tax elections may be made for each of the separate trusts.

Acts 1997, No. 585, § 1.
Ark. Code Ann. § 28-39-304 — AR Code / Title 28 / Chapter 39 / Subchapter 3 / Section 28-39-304
Assignment by commissioners
Status: in_force

(a) In all cases when it orders and decrees dower or curtesy to any surviving spouse, the court shall appoint three (3) commissioners of the vicinity who shall proceed to the premises in question and, by survey and measurement, lay off and designate by proper metes and bounds the dower or curtesy of the surviving spouse, in accordance with the decree of the court. (b) In all assignments of dower or curtesy to any surviving spouse, it shall be the duty of the commissioners, who may be appointed to lay off the dower or curtesy, if the estate will permit such a division without essential injury, to lay off the dower or curtesy in the lands of the deceased spouse so that the usual dwelling of the deceased spouse and family shall be included in the assignment of dower or curtesy to the surviving spouse. (c) The commissioners appointed to lay off dower or curtesy in the lands of the deceased spouse, under existing laws, shall lay off the dower or curtesy on any part of the lands of the deceased at the request of the surviving spouse who is to be endowed, whether the lands shall include the usual dwelling of the deceased spouse and family or not, if it can be done without essential injury to the estate. (d) The commissioners shall make a detailed report of their proceedings to the next term of the court. (e) Upon the report's being returned, the court may confirm or set the report aside or remand it to the commissioners for correction. If approved by the court, the report shall be entered of record and be conclusive on the parties. Rev. Stat., ch. 52, §§ 19, 40, 41; Acts 1857, § 1, p. 167; Civil Code, § 545; C. & M. Dig., §§ 3532, 3533, 3553-3555; Pope's Dig., §§ 4417, 4418, 4439-4441; Acts 1981, No. 714, §§ 55-57, A.S.A. 1947, §§ 62-711 -- 62-715.

(a) In all cases when it orders and decrees dower or curtesy to any surviving spouse, the court shall appoint three (3) commissioners of the vicinity who shall proceed to the premises in question and, by survey and measurement, lay off and designate by proper metes and bounds the dower or curtesy of the surviving spouse, in accordance with the decree of the court.

(b) In all assignments of dower or curtesy to any surviving spouse, it shall be the duty of the commissioners, who may be appointed to lay off the dower or curtesy, if the estate will permit such a division without essential injury, to lay off the dower or curtesy in the lands of the deceased spouse so that the usual dwelling of the deceased spouse and family shall be included in the assignment of dower or curtesy to the surviving spouse.

(c) The commissioners appointed to lay off dower or curtesy in the lands of the deceased spouse, under existing laws, shall lay off the dower or curtesy on any part of the lands of the deceased at the request of the surviving spouse who is to be endowed, whether the lands shall include the usual dwelling of the deceased spouse and family or not, if it can be done without essential injury to the estate.

(d) The commissioners shall make a detailed report of their proceedings to the next term of the court.

(e) Upon the report's being returned, the court may confirm or set the report aside or remand it to the commissioners for correction. If approved by the court, the report shall be entered of record and be conclusive on the parties.

Rev. Stat., ch. 52, §§ 19, 40, 41; Acts 1857, § 1, p. 167; Civil Code, § 545; C. & M. Dig., §§ 3532, 3533, 3553-3555; Pope's Dig., §§ 4417, 4418, 4439-4441; Acts 1981, No. 714, §§ 55-57, A.S.A. 1947, §§ 62-711 -- 62-715.
Ark. Code Ann. § 28-73-806 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-806
Trustee's skills
Status: in_force

A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise. Acts 2005, No. 1031, § 1.

A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-213 — AR Code / Title 28 / Chapter 68 / Subchapter 2 / Section 28-68-213
Personal and family maintenance
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (1) perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born: (A) the principal's children; (B) other individuals legally entitled to be supported by the principal; and (C) the individuals whom the principal has customarily supported or indicated the intent to support; (2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party; (3) provide living quarters for the individuals described in paragraph (1) by: (A) purchase, lease, or other contract; or (B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals; (4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1); (5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1); (6) act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as it existed on January 1, 2011, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal; (7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1); (8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and (9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations. (b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter. Acts 2011, No. 805, § 1.

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (1) perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born: (A) the principal's children; (B) other individuals legally entitled to be supported by the principal; and (C) the individuals whom the principal has customarily supported or indicated the intent to support; (2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party; (3) provide living quarters for the individuals described in paragraph (1) by: (A) purchase, lease, or other contract; or (B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals; (4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1); (5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1); (6) act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as it existed on January 1, 2011, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal; (7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1); (8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and (9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born: (A) the principal's children; (B) other individuals legally entitled to be supported by the principal; and (C) the individuals whom the principal has customarily supported or indicated the intent to support;

(A) the principal's children;

(B) other individuals legally entitled to be supported by the principal; and

(C) the individuals whom the principal has customarily supported or indicated the intent to support;

(2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

(3) provide living quarters for the individuals described in paragraph (1) by: (A) purchase, lease, or other contract; or (B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

(A) purchase, lease, or other contract; or

(B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

(4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);

(5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);

(6) act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as it existed on January 1, 2011, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;

(7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);

(8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and

(9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-12-107 — AR Code / Title 28 / Chapter 12 / Section 28-12-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 7; A.S.A. 1947, § 61-407.

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

Acts 1981, No. 660, § 7; A.S.A. 1947, § 61-407.
Ark. Code Ann. § 28-73-1007 — AR Code / Title 28 / Chapter 73 / Subchapter 10 / Section 28-73-1007
Event affecting administration or distribution
Status: in_force

If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. Acts 2005, No. 1031, § 1.

If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-65-308 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-308
Power to borrow money, make gifts, etc
Status: in_force

(a) Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the ward in accordance with the provisions of § 28-65-314 . (b) Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to make gifts and disclaimers on behalf of the ward. Acts 1985, No. 940, § 31; A.S.A. 1947, § 57-850.

(a) Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the ward in accordance with the provisions of § 28-65-314 .

(b) Upon a showing that the action would be advantageous to the ward and his or her estate, the court may authorize the guardian to make gifts and disclaimers on behalf of the ward.

Acts 1985, No. 940, § 31; A.S.A. 1947, § 57-850.
Ark. Code Ann. § 28-72-714 — AR Code / Title 28 / Chapter 72 / Subchapter 7 / Section 28-72-714
Applicability to trust or estate
Status: in_force

This subchapter applies to a trust or estate existing or created on or after August 1, 2023, except as otherwise expressly provided in the terms of the trust or this subchapter. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.

This subchapter applies to a trust or estate existing or created on or after August 1, 2023, except as otherwise expressly provided in the terms of the trust or this subchapter.

Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-77-103 — AR Code / Title 28 / Chapter 77 / Subchapter 1 / Section 28-77-103
Scope
Status: in_force

This chapter applies to a trust or estate. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

This chapter applies to a trust or estate.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-53-105 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-105
Order of final distribution - Conclusiveness
Status: in_force

(a) The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests therein, subject only to the right of appeal and the right to reopen the order. (b) The order shall not affect the rights of third parties acquired from or through a distributee, as against the distributee. Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.

(a) The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests therein, subject only to the right of appeal and the right to reopen the order.

(b) The order shall not affect the rights of third parties acquired from or through a distributee, as against the distributee.

Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.
Ark. Code Ann. § 28-53-203 — AR Code / Title 28 / Chapter 53 / Subchapter 2 / Section 28-53-203
Allocation of assets with value equivalent to federal estate tax value
Status: in_force

Whenever under any last will and testament or trust instrument of a decedent who is survived by a spouse, the executor, trustee, or other fiduciary is authorized to or required by the terms of such an instrument to satisfy a pecuniary bequest, including a pecuniary bequest in trust or transfer in trust of a pecuniary amount to or for the benefit of any beneficiary, by transferring or allocating assets in kind at their federal estate tax values or at any value other than the fair market value of the assets at the date of their distribution or allocation, then the fiduciary shall satisfy the pecuniary bequest or transfer in trust by the distribution or allocation of assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes, unless the will or governing instrument provides otherwise. Acts 1967, No. 209, § 1; A.S.A. 1947, § 62-2909.1; Acts 1987, No. 643, § 1.

Whenever under any last will and testament or trust instrument of a decedent who is survived by a spouse, the executor, trustee, or other fiduciary is authorized to or required by the terms of such an instrument to satisfy a pecuniary bequest, including a pecuniary bequest in trust or transfer in trust of a pecuniary amount to or for the benefit of any beneficiary, by transferring or allocating assets in kind at their federal estate tax values or at any value other than the fair market value of the assets at the date of their distribution or allocation, then the fiduciary shall satisfy the pecuniary bequest or transfer in trust by the distribution or allocation of assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes, unless the will or governing instrument provides otherwise.

Acts 1967, No. 209, § 1; A.S.A. 1947, § 62-2909.1; Acts 1987, No. 643, § 1.
Ark. Code Ann. § 28-66-107 — AR Code / Title 28 / Chapter 66 / Section 28-66-107
Evidence of necessity for guardian for incompetent
Status: in_force

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative that such person has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing such Veterans' Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment. Acts 1943, No. 177, § 7; A.S.A. 1947, § 57-507.

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative that such person has been rated incompetent by the Veterans' Administration on examination in accordance with the laws and regulations governing such Veterans' Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans' Administration shall be prima facie evidence of the necessity for such appointment.

Acts 1943, No. 177, § 7; A.S.A. 1947, § 57-507.
Ark. Code Ann. § 28-77-602 — AR Code / Title 28 / Chapter 77 / Subchapter 6 / Section 28-77-602
Distribution to successor beneficiary
Status: in_force

(a) Except to the extent § 28-77-301 et seq. applies for a beneficiary that is a trust, each beneficiary described in § 28-77-601(d) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary. (b) In determining a beneficiary's share of net income under subsection (a), the following rules apply: (1) The beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date. (2) The beneficiary's fractional interest under paragraph (1) must be calculated: (A) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and (B) without regard to: (i) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (ii) property required to pay pecuniary amounts not in trust. (3) The distribution date under paragraph (1) may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed. (c) To the extent a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income. (d) If this section applies to income from an asset, a fiduciary may apply the rules in this section to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) Except to the extent § 28-77-301 et seq. applies for a beneficiary that is a trust, each beneficiary described in § 28-77-601(d) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary.

(b) In determining a beneficiary's share of net income under subsection (a), the following rules apply: (1) The beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date. (2) The beneficiary's fractional interest under paragraph (1) must be calculated: (A) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and (B) without regard to: (i) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (ii) property required to pay pecuniary amounts not in trust. (3) The distribution date under paragraph (1) may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.

(1) The beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date.

(2) The beneficiary's fractional interest under paragraph (1) must be calculated: (A) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and (B) without regard to: (i) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (ii) property required to pay pecuniary amounts not in trust.

(A) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and

(B) without regard to: (i) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and (ii) property required to pay pecuniary amounts not in trust.

(i) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and

(ii) property required to pay pecuniary amounts not in trust.

(3) The distribution date under paragraph (1) may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.

(c) To the extent a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary as of a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income.

(d) If this section applies to income from an asset, a fiduciary may apply the rules in this section to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-66-102 — AR Code / Title 28 / Chapter 66 / Section 28-66-102
Administrator as party in interest
Status: in_force

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than fifteen (15) days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending. Acts 1943, No. 177, § 2; A.S.A. 1947, § 57-502.

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans' Administration. Not less than fifteen (15) days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans' Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.

Acts 1943, No. 177, § 2; A.S.A. 1947, § 57-502.
Ark. Code Ann. § 28-66-120 — AR Code / Title 28 / Chapter 66 / Section 28-66-120
Short title
Status: in_force

This chapter may be cited as the "Uniform Veterans' Guardianship Act." Acts 1943, No. 177, § 20; A.S.A. 1947, § 57-520.

This chapter may be cited as the "Uniform Veterans' Guardianship Act."

Acts 1943, No. 177, § 20; A.S.A. 1947, § 57-520.
Ark. Code Ann. § 28-73-905 — AR Code / Title 28 / Chapter 73 / Subchapter 9 / Section 28-73-905
Reviewing compliance
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. Acts 2005, No. 1031, § 1.

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-216 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-216
Advancements
Status: in_force

(a) If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime to an heir shall be treated as an advancement against the heir's share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement. (b) For this purpose, the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. (c) If the recipient of the property fails to survive the decedent, the property shall not be taken into account in computing the share of the recipient's descendants. Acts 1969, No. 303, § 23; A.S.A. 1947, § 61-153.

(a) If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime to an heir shall be treated as an advancement against the heir's share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.

(b) For this purpose, the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs.

(c) If the recipient of the property fails to survive the decedent, the property shall not be taken into account in computing the share of the recipient's descendants.

Acts 1969, No. 303, § 23; A.S.A. 1947, § 61-153.
Ark. Code Ann. § 28-40-118 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-118
Manner of taking testimony
Status: in_force

(a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise. (b) If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by testimony taken in the manner required for taking testimony in equity cases, or as the court may direct. Acts 1949, No. 140, § 58; A.S.A. 1947, § 62-2119.

(a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise.

(b) If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by testimony taken in the manner required for taking testimony in equity cases, or as the court may direct.

Acts 1949, No. 140, § 58; A.S.A. 1947, § 62-2119.
Ark. Code Ann. § 28-52-101 — AR Code / Title 28 / Chapter 52 / Section 28-52-101
Liability of personal representative
Status: in_force

(a) Property of the Estate. A personal representative shall be liable for and chargeable in his or her accounts with all of the estate of the decedent which, at any time, comes into his or her possession, including income therefrom. However, he or she shall not be: (1) Accountable for any debts due the decedent or other assets of the estate which, without his or her fault, remain uncollected; (2) Entitled to any profit by the increase of the estate or value thereof; and (3) Chargeable for any loss of, damage to, or decrease in value of the estate which occurs without his or her fault. (b) Property Not a Part of Estate. A personal representative shall be chargeable in his or her accounts with property not a part of the estate which comes into his or her hands at any time and shall be liable to the persons entitled to that property, if: (1) The property was received under a duty imposed on him or her by law in the capacity of personal representative; or (2) He or she has commingled the property with the assets of the estate. (c) Breach of Duty. A personal representative shall be liable and chargeable in his or her accounts for loss resulting from: (1) Neglect or unreasonable delay in collecting the assets of the estate; (2) Neglect or unreasonable delay in any sale, mortgage, or lease of the property of the estate which has been ordered by the court; (3) Neglect or unreasonable delay in paying over money or delivering property of the estate which is in his or her hands; (4) Embezzlement or commingling of the assets of the estate with other property; (5) Self dealing; (6) The wrongful acts or omissions of his or her corepresentative which he or she could have prevented by the exercise of ordinary care; or (7) Any other neglect or willful act in his or her administration of the estate. (d) When Not Personally Liable. A personal representative shall not be made liable in his or her individual capacity on account of any action brought or judgment rendered against him or her in his or her capacity as personal representative, nor shall a personal representative, as such, be made liable on account of a judgment rendered against him or her in his or her fiduciary capacity for an amount more than the assets of the estate which are applicable to the payment of the judgment. Acts 1949, No. 140, § 147; A.S.A. 1947, § 62-2801.

(a) Property of the Estate. A personal representative shall be liable for and chargeable in his or her accounts with all of the estate of the decedent which, at any time, comes into his or her possession, including income therefrom. However, he or she shall not be: (1) Accountable for any debts due the decedent or other assets of the estate which, without his or her fault, remain uncollected; (2) Entitled to any profit by the increase of the estate or value thereof; and (3) Chargeable for any loss of, damage to, or decrease in value of the estate which occurs without his or her fault.

(1) Accountable for any debts due the decedent or other assets of the estate which, without his or her fault, remain uncollected;

(2) Entitled to any profit by the increase of the estate or value thereof; and

(3) Chargeable for any loss of, damage to, or decrease in value of the estate which occurs without his or her fault.

(b) Property Not a Part of Estate. A personal representative shall be chargeable in his or her accounts with property not a part of the estate which comes into his or her hands at any time and shall be liable to the persons entitled to that property, if: (1) The property was received under a duty imposed on him or her by law in the capacity of personal representative; or (2) He or she has commingled the property with the assets of the estate.

(1) The property was received under a duty imposed on him or her by law in the capacity of personal representative; or

(2) He or she has commingled the property with the assets of the estate.

(c) Breach of Duty. A personal representative shall be liable and chargeable in his or her accounts for loss resulting from: (1) Neglect or unreasonable delay in collecting the assets of the estate; (2) Neglect or unreasonable delay in any sale, mortgage, or lease of the property of the estate which has been ordered by the court; (3) Neglect or unreasonable delay in paying over money or delivering property of the estate which is in his or her hands; (4) Embezzlement or commingling of the assets of the estate with other property; (5) Self dealing; (6) The wrongful acts or omissions of his or her corepresentative which he or she could have prevented by the exercise of ordinary care; or (7) Any other neglect or willful act in his or her administration of the estate.

(1) Neglect or unreasonable delay in collecting the assets of the estate;

(2) Neglect or unreasonable delay in any sale, mortgage, or lease of the property of the estate which has been ordered by the court;

(3) Neglect or unreasonable delay in paying over money or delivering property of the estate which is in his or her hands;

(4) Embezzlement or commingling of the assets of the estate with other property;

(5) Self dealing;

(6) The wrongful acts or omissions of his or her corepresentative which he or she could have prevented by the exercise of ordinary care; or

(7) Any other neglect or willful act in his or her administration of the estate.

(d) When Not Personally Liable. A personal representative shall not be made liable in his or her individual capacity on account of any action brought or judgment rendered against him or her in his or her capacity as personal representative, nor shall a personal representative, as such, be made liable on account of a judgment rendered against him or her in his or her fiduciary capacity for an amount more than the assets of the estate which are applicable to the payment of the judgment.

Acts 1949, No. 140, § 147; A.S.A. 1947, § 62-2801.
Ark. Code Ann. § 28-51-202 — AR Code / Title 28 / Chapter 51 / Subchapter 2 / Section 28-51-202
Sale of perishable property
Status: in_force

Perishable personal property may be sold by the personal representative without an order of the court. However, the personal representative shall be responsible for the actual value of the property unless he or she shall promptly file a report of the sale and obtain the court's approval. Acts 1949, No. 140, § 135; A.S.A. 1947, § 62-2712.

Perishable personal property may be sold by the personal representative without an order of the court. However, the personal representative shall be responsible for the actual value of the property unless he or she shall promptly file a report of the sale and obtain the court's approval.

Acts 1949, No. 140, § 135; A.S.A. 1947, § 62-2712.
Ark. Code Ann. § 28-40-122 — AR Code / Title 28 / Chapter 40 / Subchapter 1 / Section 28-40-122
Certificate of probate
Status: in_force

(a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated. (b) If for any reason a will is not in the custody of the court, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents, and a certificate shall be annexed as provided in subsection (a) of this section. (c) Every will certified as provided in this section, or the record thereof, or a duly certified transcript of the record, may be read in evidence in any court in this state without further proof. Acts 1949, No. 140, § 62; A.S.A. 1947, § 62-2123.

(a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated.

(b) If for any reason a will is not in the custody of the court, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents, and a certificate shall be annexed as provided in subsection (a) of this section.

(c) Every will certified as provided in this section, or the record thereof, or a duly certified transcript of the record, may be read in evidence in any court in this state without further proof.

Acts 1949, No. 140, § 62; A.S.A. 1947, § 62-2123.
Ark. Code Ann. § 28-73-301 — AR Code / Title 28 / Chapter 73 / Subchapter 3 / Section 28-73-301
Representation - Basic effect
Status: in_force

(a) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. (c) Except as otherwise provided in §§ 28-73-411 and 28-73-602 , a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. (d) A settlor may not represent and bind a beneficiary under this subchapter with respect to the termination or modification of a trust under § 28-73-411(a) . Acts 2005, No. 1031, § 1.

(a) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person.

(b) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(c) Except as otherwise provided in §§ 28-73-411 and 28-73-602 , a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

(d) A settlor may not represent and bind a beneficiary under this subchapter with respect to the termination or modification of a trust under § 28-73-411(a) .

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-208 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-208
Male not preferred over female
Status: in_force

The common law principle that in the matter of inheritance the male will be preferred over the female shall constitute no part of the Arkansas law of inheritance. Acts 1969, No. 303, § 10; A.S.A. 1947, § 61-140.

The common law principle that in the matter of inheritance the male will be preferred over the female shall constitute no part of the Arkansas law of inheritance.

Acts 1969, No. 303, § 10; A.S.A. 1947, § 61-140.
Ark. Code Ann. § 28-10-203 — AR Code / Title 28 / Chapter 10 / Subchapter 2 / Section 28-10-203
Requirement of survival by 120 hours under governing instruments
Status: in_force

Except as provided in § 28-10-206 , for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event. Acts 2005, No. 74, § 1.

Except as provided in § 28-10-206 , for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event.

Acts 2005, No. 74, § 1.
Ark. Code Ann. § 28-65-217 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-217
Form of letters
Status: in_force

(a) Letters of guardianship shall be in substantially the following form: Click here to view form. (b) If the powers, authorities, or duties of the guardian are limited, the letters shall state that fact, clearly and in bold print, by including the word "limited" in the title and by inserting the word "limited" between the words "duly" and "appointed" in the body of the letters. Acts 1985, No. 940, § 20; A.S.A. 1947, § 57-839; Acts 2003, No. 1185, § 282.

(a) Letters of guardianship shall be in substantially the following form: Click here to view form.

Click here to view form.

(b) If the powers, authorities, or duties of the guardian are limited, the letters shall state that fact, clearly and in bold print, by including the word "limited" in the title and by inserting the word "limited" between the words "duly" and "appointed" in the body of the letters.

Acts 1985, No. 940, § 20; A.S.A. 1947, § 57-839; Acts 2003, No. 1185, § 282.

65_217_1 - Attachment
Ark. Code Ann. § 28-73-814 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-814
Discretionary powers - Tax savings
Status: in_force

(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. (b) Subject to subsection (d), and unless the terms of the trust expressly indicate that a rule in this subsection does not apply: (1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and (2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person. (c) A power whose exercise is limited or prohibited by subsection (b) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, a court may appoint a special fiduciary with authority to exercise the power. (d) Subsection (b) does not apply to: (1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code of 1986, as in effect on January 1, 2005, was previously allowed; (2) any trust during any period that the trust may be revoked or amended by its settlor; or (3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code of 1986, as in effect on January 1, 2005. Acts 2005, No. 1031, § 1.

(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute", "sole", or "uncontrolled", the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

(b) Subject to subsection (d), and unless the terms of the trust expressly indicate that a rule in this subsection does not apply: (1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and (2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and

(2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.

(c) A power whose exercise is limited or prohibited by subsection (b) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, a court may appoint a special fiduciary with authority to exercise the power.

(d) Subsection (b) does not apply to: (1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code of 1986, as in effect on January 1, 2005, was previously allowed; (2) any trust during any period that the trust may be revoked or amended by its settlor; or (3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code of 1986, as in effect on January 1, 2005.

(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code of 1986, as in effect on January 1, 2005, was previously allowed;

(2) any trust during any period that the trust may be revoked or amended by its settlor; or

(3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code of 1986, as in effect on January 1, 2005.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-66-117 — AR Code / Title 28 / Chapter 66 / Section 28-66-117
Discharge of guardian and release of sureties
Status: in_force

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans' Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released. Acts 1943, No. 177, § 17; A.S.A. 1947, § 57-517.

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans' Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans' Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans' Administration, as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released.

Acts 1943, No. 177, § 17; A.S.A. 1947, § 57-517.
Ark. Code Ann. § 28-72-404 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-404
Form and effect of receipt and acceptance by custodial trustee - Jurisdiction
Status: in_force

(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this subchapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property. (b) The custodial trustee's acceptance may be evidenced by a writing stating in substance: Click here to view form. (c) Upon accepting custodial trust property, a person designated as custodial trustee under this subchapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust. Acts 1991, No. 273, § 4.

(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this subchapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.

(b) The custodial trustee's acceptance may be evidenced by a writing stating in substance: Click here to view form.

Click here to view form.

(c) Upon accepting custodial trust property, a person designated as custodial trustee under this subchapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.

Acts 1991, No. 273, § 4.

72_404_1 - Attachment
Ark. Code Ann. § 28-54-101 — AR Code / Title 28 / Chapter 54 / Section 28-54-101
Short title
Status: in_force

This chapter may be cited as the Uniform Estate Tax Apportionment Act. Acts 2007, No. 276, § 1.

This chapter may be cited as the Uniform Estate Tax Apportionment Act.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-69-202 — AR Code / Title 28 / Chapter 69 / Subchapter 2 / Section 28-69-202
Common trust funds
Status: in_force

(a) (1) Any trust department of a state bank, national bank, or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary or to itself and others as co-fiduciaries. The bank or trust company, as fiduciary or co-fiduciary, may invest funds which it lawfully holds for investment in interests in such common trust funds if the investment is not prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of co-fiduciaries, the bank or trust company procures the consent of its co-fiduciary or co-fiduciaries to the investment. (2) For purposes of this subchapter, the term "trust department" or "trust company" shall include two (2) or more trust departments or trust companies which are members of the same "affiliated group" as defined in § 1504 of the Internal Revenue Code, as amended, with respect to any fund established pursuant to this subsection of which any of the trust departments or trust companies is trustee or of which two (2) or more of the trust departments or trust companies are co-trustees. (b) Unless ordered by a court of competent jurisdiction, the bank or trust company operating common trust funds is not required to render a court accounting with regard to such funds. However, the bank or trust company may, by application to the circuit court of the county in which it has its place of business, secure approval of such an accounting on such conditions as the court may establish. Acts 1947, No. 394, §§ 5, 6; 1985, No. 947, § 1; A.S.A. 1947, §§ 58-110, 58-111.

(a) (1) Any trust department of a state bank, national bank, or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary or to itself and others as co-fiduciaries. The bank or trust company, as fiduciary or co-fiduciary, may invest funds which it lawfully holds for investment in interests in such common trust funds if the investment is not prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of co-fiduciaries, the bank or trust company procures the consent of its co-fiduciary or co-fiduciaries to the investment. (2) For purposes of this subchapter, the term "trust department" or "trust company" shall include two (2) or more trust departments or trust companies which are members of the same "affiliated group" as defined in § 1504 of the Internal Revenue Code, as amended, with respect to any fund established pursuant to this subsection of which any of the trust departments or trust companies is trustee or of which two (2) or more of the trust departments or trust companies are co-trustees.

(1) Any trust department of a state bank, national bank, or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary or to itself and others as co-fiduciaries. The bank or trust company, as fiduciary or co-fiduciary, may invest funds which it lawfully holds for investment in interests in such common trust funds if the investment is not prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of co-fiduciaries, the bank or trust company procures the consent of its co-fiduciary or co-fiduciaries to the investment.

(2) For purposes of this subchapter, the term "trust department" or "trust company" shall include two (2) or more trust departments or trust companies which are members of the same "affiliated group" as defined in § 1504 of the Internal Revenue Code, as amended, with respect to any fund established pursuant to this subsection of which any of the trust departments or trust companies is trustee or of which two (2) or more of the trust departments or trust companies are co-trustees.

(b) Unless ordered by a court of competent jurisdiction, the bank or trust company operating common trust funds is not required to render a court accounting with regard to such funds. However, the bank or trust company may, by application to the circuit court of the county in which it has its place of business, secure approval of such an accounting on such conditions as the court may establish.

Acts 1947, No. 394, §§ 5, 6; 1985, No. 947, § 1; A.S.A. 1947, §§ 58-110, 58-111.
Ark. Code Ann. § 28-69-101 — AR Code / Title 28 / Chapter 69 / Subchapter 1 / Section 28-69-101
Trust funds - Deposit for safekeeping
Status: in_force

It shall be lawful for any party of whom a bond, undertaking, or other obligation is required to agree with his or her surety for the deposit of any or all moneys and assets for which he or she and his or her surety are or may be held responsible with a bank, savings bank, safe-deposit or trust company authorized by law to do business as such, or with any other depository approved by the court or a judge thereof, if the deposit is otherwise proper, for the safekeeping of the assets in such manner as to prevent the withdrawal of the money or assets or any part of them, without the written consent of the surety, or an order of court or a judge made on such notice to the surety as the court or judge may direct. However, the agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond. Acts 1947, No. 94, § 1; A.S.A. 1947, § 58-105.

It shall be lawful for any party of whom a bond, undertaking, or other obligation is required to agree with his or her surety for the deposit of any or all moneys and assets for which he or she and his or her surety are or may be held responsible with a bank, savings bank, safe-deposit or trust company authorized by law to do business as such, or with any other depository approved by the court or a judge thereof, if the deposit is otherwise proper, for the safekeeping of the assets in such manner as to prevent the withdrawal of the money or assets or any part of them, without the written consent of the surety, or an order of court or a judge made on such notice to the surety as the court or judge may direct. However, the agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond.

Acts 1947, No. 94, § 1; A.S.A. 1947, § 58-105.
Ark. Code Ann. § 28-76-112 — AR Code / Title 28 / Chapter 76 / Section 28-76-112
Application to trustee
Status: in_force

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under §§ 28-76-109 - 28-76-111 . Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under §§ 28-76-109 - 28-76-111 .

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-68-119 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-119
Acceptance of and reliance upon acknowledged power of attorney
Status: in_force

(a) For purposes of this section and § 28-68-120 , "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 28-68-105 that the signature is genuine. (c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority. (d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (f) For purposes of this section and § 28-68-120 , a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. Acts 2011, No. 805, § 1.

(a) For purposes of this section and § 28-68-120 , "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.

(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under § 28-68-105 that the signature is genuine.

(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.

(f) For purposes of this section and § 28-68-120 , a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-65-706 — AR Code / Title 28 / Chapter 65 / Subchapter 7 / Section 28-65-706
Termination of guardianships
Status: in_force

(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section. (b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer shall be entitled to compensation under § 28-65-108 . (c) Within forty (40) days after the death of the ward of a Public Guardian for Adults if the Public Guardian for Adults is the: (1) Guardian of the person of the ward, the Public Guardian for Adults shall: (A) File a report with the court; and (B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; (2) Guardian of the estate of the ward, the Public Guardian for Adults shall: (A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or (3) Guardian of the person and the estate of the ward: (A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the department; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward. (d) Upon the petition of the Public Guardian for Adults to terminate the guardianship of a deceased ward, the court shall: (1) Conduct a hearing on the petition of the Public Guardian for Adults to terminate the guardianship and consider the petition, the delivery of funds, and the payment of funds for the disposition of the body of the ward as provided in this subsection; (2) Terminate the guardianship; (3) Discharge the Public Guardian for Adults from any further duty, liability, and accountability with regard to the guardianship and the estate of the deceased ward; (4) Direct delivery of the funds of the deceased ward to the appropriate person or, if no appropriate person is available, to the registry of the court pursuant to the Arkansas Rules of Civil Procedure; and (5) With regard to the disposal of the body of the ward: (A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults; (B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or (C) Consent to donate the body of the ward to medical science. (e) (1) The estate of the deceased ward shall be distributed in accordance with the law on the administration of decedents' estates. (2) The discharge of a Public Guardian for Adults is final. (f) The Public Guardian for Adults and the department are not responsible for any costs, including without limitation costs related to the disposition of the body of the ward. Amended by Act 2019, No. 529,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 529,§ 1, eff. 7/24/2019. Acts 2007, No. 862, § 4.

(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section.

(b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer shall be entitled to compensation under § 28-65-108 .

(c) Within forty (40) days after the death of the ward of a Public Guardian for Adults if the Public Guardian for Adults is the: (1) Guardian of the person of the ward, the Public Guardian for Adults shall: (A) File a report with the court; and (B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; (2) Guardian of the estate of the ward, the Public Guardian for Adults shall: (A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or (3) Guardian of the person and the estate of the ward: (A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the department; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.

(1) Guardian of the person of the ward, the Public Guardian for Adults shall: (A) File a report with the court; and (B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward;

(A) File a report with the court; and

(B) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward;

(2) Guardian of the estate of the ward, the Public Guardian for Adults shall: (A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or

(A) File a final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;

(B) Cause a notice of the filing of the final account to be published;

(C) Provide a copy of the final account and notice of the death of the ward to the Department of Human Services; and

(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward; or

(3) Guardian of the person and the estate of the ward: (A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward; (B) Cause a notice of the filing of the final account to be published; (C) Provide a copy of the final account and notice of the death of the ward to the department; and (D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.

(A) File a final report and final account of the administration of the estate of the ward by the Public Guardian for Adults until the date of the death of the ward;

(B) Cause a notice of the filing of the final account to be published;

(C) Provide a copy of the final account and notice of the death of the ward to the department; and

(D) Petition the court to terminate the guardianship of the Public Guardian for Adults over the deceased ward.

(d) Upon the petition of the Public Guardian for Adults to terminate the guardianship of a deceased ward, the court shall: (1) Conduct a hearing on the petition of the Public Guardian for Adults to terminate the guardianship and consider the petition, the delivery of funds, and the payment of funds for the disposition of the body of the ward as provided in this subsection; (2) Terminate the guardianship; (3) Discharge the Public Guardian for Adults from any further duty, liability, and accountability with regard to the guardianship and the estate of the deceased ward; (4) Direct delivery of the funds of the deceased ward to the appropriate person or, if no appropriate person is available, to the registry of the court pursuant to the Arkansas Rules of Civil Procedure; and (5) With regard to the disposal of the body of the ward: (A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults; (B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or (C) Consent to donate the body of the ward to medical science.

(1) Conduct a hearing on the petition of the Public Guardian for Adults to terminate the guardianship and consider the petition, the delivery of funds, and the payment of funds for the disposition of the body of the ward as provided in this subsection;

(2) Terminate the guardianship;

(3) Discharge the Public Guardian for Adults from any further duty, liability, and accountability with regard to the guardianship and the estate of the deceased ward;

(4) Direct delivery of the funds of the deceased ward to the appropriate person or, if no appropriate person is available, to the registry of the court pursuant to the Arkansas Rules of Civil Procedure; and

(5) With regard to the disposal of the body of the ward: (A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults; (B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or (C) Consent to donate the body of the ward to medical science.

(A) Direct the payment of funds for the disposal of the body of the ward in a manner provided in a prior arrangement made by the ward of the Public Guardian for Adults;

(B) Direct the payment of funds to dispose of the body of the ward if a prior arrangement was not made by the ward; or

(C) Consent to donate the body of the ward to medical science.

(e) (1) The estate of the deceased ward shall be distributed in accordance with the law on the administration of decedents' estates. (2) The discharge of a Public Guardian for Adults is final.

(1) The estate of the deceased ward shall be distributed in accordance with the law on the administration of decedents' estates.

(2) The discharge of a Public Guardian for Adults is final.

(f) The Public Guardian for Adults and the department are not responsible for any costs, including without limitation costs related to the disposition of the body of the ward.

Amended by Act 2019, No. 529,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 529,§ 1, eff. 7/24/2019.

Acts 2007, No. 862, § 4.
Ark. Code Ann. § 28-67-108 — AR Code / Title 28 / Chapter 67 / Section 28-67-108
Powers and duties
Status: in_force

A conservator shall have the same powers and duties, except as to the custody of the person, as a guardian of an incompetent person. Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706.

A conservator shall have the same powers and duties, except as to the custody of the person, as a guardian of an incompetent person.

Acts 1975, No. 372, § 6; A.S.A. 1947, § 57-706.
Ark. Code Ann. § 28-66-106 — AR Code / Title 28 / Chapter 66 / Section 28-66-106
Evidence of necessity for guardian for infant
Status: in_force

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans' Administration, shall be prima facie evidence of the necessity for such appointment. Acts 1943, No. 177, § 6; A.S.A. 1947, § 57-506.

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans' Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans' Administration, shall be prima facie evidence of the necessity for such appointment.

Acts 1943, No. 177, § 6; A.S.A. 1947, § 57-506.
Ark. Code Ann. § 28-14-105 — AR Code / Title 28 / Chapter 14 / Section 28-14-105
Form of registration in beneficiary form
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary. Acts 1993, No. 114, § 5.

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.

Acts 1993, No. 114, § 5.
Ark. Code Ann. § 28-73-101 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-101
Short title
Status: in_force

This chapter may be cited as the Arkansas Trust Code. Acts 2005, No. 1031, § 1.

This chapter may be cited as the Arkansas Trust Code.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-116 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-116
Judicial relief
Status: in_force

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator, or other fiduciary acting for the principal; (3) a person authorized to make health-care decisions for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (7) a governmental agency having regulatory authority to protect the welfare of the principal; (8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and (9) a person asked to accept the power of attorney. (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. Acts 2011, No. 805, § 1.

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator, or other fiduciary acting for the principal; (3) a person authorized to make health-care decisions for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (7) a governmental agency having regulatory authority to protect the welfare of the principal; (8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and (9) a person asked to accept the power of attorney.

(1) the principal or the agent;

(2) a guardian, conservator, or other fiduciary acting for the principal;

(3) a person authorized to make health-care decisions for the principal;

(4) the principal's spouse, parent, or descendant;

(5) an individual who would qualify as a presumptive heir of the principal;

(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(7) a governmental agency having regulatory authority to protect the welfare of the principal;

(8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

(9) a person asked to accept the power of attorney.

(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-76-101 — AR Code / Title 28 / Chapter 76 / Section 28-76-101
Title
Status: in_force

This chapter may be cited as the "Uniform Directed Trust Act". Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.

This chapter may be cited as the "Uniform Directed Trust Act".

Added by Act 2019, No. 1021,§ 5, eff. 1/1/2020.
Ark. Code Ann. § 28-77-306 — AR Code / Title 28 / Chapter 77 / Subchapter 3 / Section 28-77-306
Unitrust rate
Status: in_force

(a) Except as otherwise provided in § 28-77-309(b)(1) , a unitrust rate may be: (1) a fixed unitrust rate; or (2) a unitrust rate that is determined for each period using: (A) a market index or other published data; or (B) a mathematical blend of market indices or other published data over a stated number of preceding periods. (b) Except as otherwise provided in § 28-77-309(b)(1) , a unitrust policy may provide: (1) a limit on how high the unitrust rate determined under subsection (a)(2) may rise; (2) a limit on how low the unitrust rate determined under subsection (a)(2) may fall; (3) a limit on how much the unitrust rate determined under subsection (a)(2) may increase over the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; (4) a limit on how much the unitrust rate determined under subsection (a)(2) may decrease below the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; or (5) a mathematical blend of any of the unitrust rates determined under subsection (a)(2) and paragraphs (1) through (4). Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) Except as otherwise provided in § 28-77-309(b)(1) , a unitrust rate may be: (1) a fixed unitrust rate; or (2) a unitrust rate that is determined for each period using: (A) a market index or other published data; or (B) a mathematical blend of market indices or other published data over a stated number of preceding periods.

(1) a fixed unitrust rate; or

(2) a unitrust rate that is determined for each period using: (A) a market index or other published data; or (B) a mathematical blend of market indices or other published data over a stated number of preceding periods.

(A) a market index or other published data; or

(B) a mathematical blend of market indices or other published data over a stated number of preceding periods.

(b) Except as otherwise provided in § 28-77-309(b)(1) , a unitrust policy may provide: (1) a limit on how high the unitrust rate determined under subsection (a)(2) may rise; (2) a limit on how low the unitrust rate determined under subsection (a)(2) may fall; (3) a limit on how much the unitrust rate determined under subsection (a)(2) may increase over the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; (4) a limit on how much the unitrust rate determined under subsection (a)(2) may decrease below the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; or (5) a mathematical blend of any of the unitrust rates determined under subsection (a)(2) and paragraphs (1) through (4).

(1) a limit on how high the unitrust rate determined under subsection (a)(2) may rise;

(2) a limit on how low the unitrust rate determined under subsection (a)(2) may fall;

(3) a limit on how much the unitrust rate determined under subsection (a)(2) may increase over the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods;

(4) a limit on how much the unitrust rate determined under subsection (a)(2) may decrease below the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; or

(5) a mathematical blend of any of the unitrust rates determined under subsection (a)(2) and paragraphs (1) through (4).

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-65-219 — AR Code / Title 28 / Chapter 65 / Subchapter 2 / Section 28-65-219
Substitution - Removal
Status: in_force

(a) When a minor ward has attained fourteen (14) years of age, his or her guardian may be removed on petition of the ward to have another person appointed guardian if the court is satisfied that the person chosen is suitable, qualified, and competent and that it is for the best interest of the ward that such a person be appointed. (b) A guardian may also be removed on the same grounds and in the same manner as provided in § 28-48-105 for the removal of a personal representative. Acts 1985, No. 940, § 22; A.S.A. 1947, § 57-841.

(a) When a minor ward has attained fourteen (14) years of age, his or her guardian may be removed on petition of the ward to have another person appointed guardian if the court is satisfied that the person chosen is suitable, qualified, and competent and that it is for the best interest of the ward that such a person be appointed.

(b) A guardian may also be removed on the same grounds and in the same manner as provided in § 28-48-105 for the removal of a personal representative.

Acts 1985, No. 940, § 22; A.S.A. 1947, § 57-841.
Ark. Code Ann. § 28-69-801 — AR Code / Title 28 / Chapter 69 / Subchapter 8 / Section 28-69-801
Short title
Status: in_force

This subchapter may be cited as the Uniform Prudent Management of Institutional Funds Act (2006). Acts 2009, No. 262, § 1.

This subchapter may be cited as the Uniform Prudent Management of Institutional Funds Act (2006).

Acts 2009, No. 262, § 1.
Ark. Code Ann. § 28-70-505 — AR Code / Title 28 / Chapter 70 / Subchapter 5 / Section 28-70-505
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 505; 2011, No. 132, § 2.

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

Acts 1999, No. 647, § 505; 2011, No. 132, § 2.
Ark. Code Ann. § 28-70-502 — AR Code / Title 28 / Chapter 70 / Subchapter 5 / Section 28-70-502
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 502.

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

Acts 1999, No. 647, § 502.
Ark. Code Ann. § 28-12-108 — AR Code / Title 28 / Chapter 12 / Section 28-12-108
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 8; A.S.A. 1947, § 61-408.

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

Acts 1981, No. 660, § 8; A.S.A. 1947, § 61-408.
Ark. Code Ann. § 28-74-505 — AR Code / Title 28 / Chapter 74 / Subchapter 5 / Section 28-74-505
Effective date
Status: in_force

This act takes effect on January 1, 2012. Acts 2011, No. 159, § 1.

This act takes effect on January 1, 2012.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-65-316 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-316
Oil, gas, and mineral interests - Agreements for operation and development
Status: in_force

Upon petition of the guardian of the estate and after notice to such persons, if any, as the court may direct, the court may authorize the guardian of the estate of an incapacitated person in behalf of his or her ward to enter into transactions and to execute all instruments necessary or advantageous to the ward's estate in the operation and development of any interest, including leasehold interest, which the ward may own in oil, gas, or minerals, including, but not limited to, unit operating agreements, royalty unitization agreements, royalty pooling agreements, field unitization and repressure agreements, and such other agreements and contracts relative thereto as the court shall find to be for the best interest of the ward. Acts 1985, No. 940, § 32; A.S.A. 1947, § 57-851.

Upon petition of the guardian of the estate and after notice to such persons, if any, as the court may direct, the court may authorize the guardian of the estate of an incapacitated person in behalf of his or her ward to enter into transactions and to execute all instruments necessary or advantageous to the ward's estate in the operation and development of any interest, including leasehold interest, which the ward may own in oil, gas, or minerals, including, but not limited to, unit operating agreements, royalty unitization agreements, royalty pooling agreements, field unitization and repressure agreements, and such other agreements and contracts relative thereto as the court shall find to be for the best interest of the ward.

Acts 1985, No. 940, § 32; A.S.A. 1947, § 57-851.
Ark. Code Ann. § 28-1-104 — AR Code / Title 28 / Chapter 1 / Section 28-1-104
Probate proceedings
Status: in_force

The circuit court shall have jurisdiction over: (1) The administration, settlement, and distribution of estates of decedents; (2) The probate of wills; (3) The persons and estates of minors; (4) Persons of unsound mind and their estates; (5) The determination of heirship or of adoption; (6) The restoration of lost wills and the construction of wills when incident to the administration of an estate; and (7) All such other matters as are provided by law. Acts 1949, No. 140, §§ 4, 5; A.S.A. 1947, §§ 62-2004, 62-2005; Acts 2003, No. 1185, § 268.

The circuit court shall have jurisdiction over:

(1) The administration, settlement, and distribution of estates of decedents;

(2) The probate of wills;

(3) The persons and estates of minors;

(4) Persons of unsound mind and their estates;

(5) The determination of heirship or of adoption;

(6) The restoration of lost wills and the construction of wills when incident to the administration of an estate; and

(7) All such other matters as are provided by law.

Acts 1949, No. 140, §§ 4, 5; A.S.A. 1947, §§ 62-2004, 62-2005; Acts 2003, No. 1185, § 268.
Ark. Code Ann. § 28-13-107 — AR Code / Title 28 / Chapter 13 / Section 28-13-107
Escheat of real property - Judgments
Status: in_force

(a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed. (b) (1) If, after the issues are tried, it appears from the facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, then judgment shall be rendered that the county is seized thereof and shall recover costs against the defendant. (2) When any judgment shall be rendered that the county is seized of any real estate, the judgment shall contain a description of the real estate and shall vest the title in the county. (c) (1) If it appears that the county has no title in the estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk. Upon the certificate's being filed in his or her office, the county treasurer shall issue a warrant therefor on the treasury of the county, which shall be paid as other demands on the treasury. (2) However, no defendant shall be entitled to recover costs unless the title to the estate appears to the court, by the facts found, to be in him or her. Rev. Stat., ch. 57, §§ 14, 16-18; C. & M. Dig., §§ 4091, 4093-4095; Pope's Dig., §§ 5100, 5102-5104; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1814, 62-1816 -- 62-1818.

(a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed.

(b) (1) If, after the issues are tried, it appears from the facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, then judgment shall be rendered that the county is seized thereof and shall recover costs against the defendant. (2) When any judgment shall be rendered that the county is seized of any real estate, the judgment shall contain a description of the real estate and shall vest the title in the county.

(1) If, after the issues are tried, it appears from the facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, then judgment shall be rendered that the county is seized thereof and shall recover costs against the defendant.

(2) When any judgment shall be rendered that the county is seized of any real estate, the judgment shall contain a description of the real estate and shall vest the title in the county.

(c) (1) If it appears that the county has no title in the estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk. Upon the certificate's being filed in his or her office, the county treasurer shall issue a warrant therefor on the treasury of the county, which shall be paid as other demands on the treasury. (2) However, no defendant shall be entitled to recover costs unless the title to the estate appears to the court, by the facts found, to be in him or her.

(1) If it appears that the county has no title in the estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk. Upon the certificate's being filed in his or her office, the county treasurer shall issue a warrant therefor on the treasury of the county, which shall be paid as other demands on the treasury.

(2) However, no defendant shall be entitled to recover costs unless the title to the estate appears to the court, by the facts found, to be in him or her.

Rev. Stat., ch. 57, §§ 14, 16-18; C. & M. Dig., §§ 4091, 4093-4095; Pope's Dig., §§ 5100, 5102-5104; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1814, 62-1816 -- 62-1818.
Ark. Code Ann. § 28-25-101 — AR Code / Title 28 / Chapter 25 / Section 28-25-101
Who may make wills
Status: in_force

Any person of sound mind eighteen (18) years of age or older may make a will. Acts 1949, No. 140, § 17; A.S.A. 1947, § 60-401.

Any person of sound mind eighteen (18) years of age or older may make a will.

Acts 1949, No. 140, § 17; A.S.A. 1947, § 60-401.
Ark. Code Ann. § 28-65-321 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-321
Inventory - Appraisement
Status: in_force

(a) The guardian of the estate shall file an inventory of the ward's property in the same manner and subject to the same requirements as are provided in § 28-49-110 for the inventory of a decedent's estate. (b) In its discretion, the court may order the appraisement of the ward's property by one (1) or more disinterested and qualified persons appointed by the court. Acts 1985, No. 940, § 24; A.S.A. 1947, § 57-843.

(a) The guardian of the estate shall file an inventory of the ward's property in the same manner and subject to the same requirements as are provided in § 28-49-110 for the inventory of a decedent's estate.

(b) In its discretion, the court may order the appraisement of the ward's property by one (1) or more disinterested and qualified persons appointed by the court.

Acts 1985, No. 940, § 24; A.S.A. 1947, § 57-843.
Ark. Code Ann. § 28-50-106 — AR Code / Title 28 / Chapter 50 / Section 28-50-106
Classification and payment of claims
Status: in_force

(a) At the time of their allowance, all claims shall be classified in one (1) of the following classes, and, if the applicable assets of the estate are insufficient to pay all claims, the personal representative shall make payment in the following order: (1) Costs and expenses of administration; (2) Reasonable funeral expenses, reasonable medical and other expenses incident to the last illness, and wages of employees of the decedent; (3) Claims based on a liability of the decedent for any state tax debt assessed against the decedent, or due at the time of his or her death, or due from the decedent's estate as a result of his or her death; and (4) All other claims allowed. (b) No preference shall be given in the payment of any claim over any other claim of the same class, nor shall a claim due and payable be entitled to a preference over claims not due. Acts 1949, No. 140, § 115; A.S.A. 1947, § 62-2606; Acts 1995, No. 391, § 1.

(a) At the time of their allowance, all claims shall be classified in one (1) of the following classes, and, if the applicable assets of the estate are insufficient to pay all claims, the personal representative shall make payment in the following order: (1) Costs and expenses of administration; (2) Reasonable funeral expenses, reasonable medical and other expenses incident to the last illness, and wages of employees of the decedent; (3) Claims based on a liability of the decedent for any state tax debt assessed against the decedent, or due at the time of his or her death, or due from the decedent's estate as a result of his or her death; and (4) All other claims allowed.

(1) Costs and expenses of administration;

(2) Reasonable funeral expenses, reasonable medical and other expenses incident to the last illness, and wages of employees of the decedent;

(3) Claims based on a liability of the decedent for any state tax debt assessed against the decedent, or due at the time of his or her death, or due from the decedent's estate as a result of his or her death; and

(4) All other claims allowed.

(b) No preference shall be given in the payment of any claim over any other claim of the same class, nor shall a claim due and payable be entitled to a preference over claims not due.

Acts 1949, No. 140, § 115; A.S.A. 1947, § 62-2606; Acts 1995, No. 391, § 1.
Ark. Code Ann. § 28-69-201 — AR Code / Title 28 / Chapter 69 / Subchapter 2 / Section 28-69-201
Definition
Status: in_force

For the purposes of this subchapter, unless the context otherwise requires, "fiduciary" includes a trustee under any express trust, executor, administrator, guardian, curator, or agent. For the purposes of § 28-69-204 "fiduciary" also includes a trustee under an implied, resulting, or constructive trust, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a public or private corporation, public officer, nominee, or any other person acting in a fiduciary capacity for any person, trust, or estate. Acts 1947, No. 394, § 7; 1975, No. 387, § 1; A.S.A. 1947, § 58-112.

For the purposes of this subchapter, unless the context otherwise requires, "fiduciary" includes a trustee under any express trust, executor, administrator, guardian, curator, or agent. For the purposes of § 28-69-204 "fiduciary" also includes a trustee under an implied, resulting, or constructive trust, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a public or private corporation, public officer, nominee, or any other person acting in a fiduciary capacity for any person, trust, or estate.

Acts 1947, No. 394, § 7; 1975, No. 387, § 1; A.S.A. 1947, § 58-112.
Ark. Code Ann. § 28-75-109 — AR Code / Title 28 / Chapter 28 / Section 28-75-109
Disclosure of content of electronic communications of principal
Status: in_force

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) evidence linking the account to the principal. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

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

(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

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

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

(B) evidence linking the account to the principal.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-75-107 — AR Code / Title 28 / Chapter 28 / Section 28-75-107
Disclosure of content of electronic communications of deceased user
Status: in_force

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) a certified copy of Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order; (4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and (5) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) evidence linking the account to the user; or (C) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A); (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222 , as amended, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

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

(2) a certified copy of the death certificate of the user;

(3) a certified copy of Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order;

(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(5) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) evidence linking the account to the user; or (C) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A); (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222 , as amended, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

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

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

(C) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A); (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222 , as amended, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A);

(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222 , as amended, or other applicable law;

(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-68-106 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-106
Validity of power of attorney
Status: in_force

(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with § 28-68-105 . (b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution. (c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with: (1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107 ; or (2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b , as it existed on January 1, 2011. (d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Acts 2011, No. 805, § 1.

(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with § 28-68-105 .

(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.

(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with: (1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107 ; or (2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b , as it existed on January 1, 2011.

(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 28-68-107 ; or

(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b , as it existed on January 1, 2011.

(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-39-102 — AR Code / Title 28 / Chapter 39 / Subchapter 1 / Section 28-39-102
Right of surviving spouse to live in house for two months - Sustenance
Status: in_force

A surviving spouse may reside in the chief residence of the deceased spouse for two (2) months after death, whether or not dower or curtesy is assigned sooner, without being liable for any rent. In the meantime, the surviving spouse shall have a reasonable sustenance out of the estate of the deceased spouse. Rev. Stat., ch. 52, § 17; C. & M. Dig., § 3530; Pope's Dig., § 4415; Acts 1981, No. 714, § 69; A.S.A. 1947, § 62-2501.1.

A surviving spouse may reside in the chief residence of the deceased spouse for two (2) months after death, whether or not dower or curtesy is assigned sooner, without being liable for any rent. In the meantime, the surviving spouse shall have a reasonable sustenance out of the estate of the deceased spouse.

Rev. Stat., ch. 52, § 17; C. & M. Dig., § 3530; Pope's Dig., § 4415; Acts 1981, No. 714, § 69; A.S.A. 1947, § 62-2501.1.
Ark. Code Ann. § 28-14-112 — AR Code / Title 28 / Chapter 14 / Section 28-14-112
Application of act
Status: in_force

This act applies to registrations of securities in beneficiary form made before or after August 13, 1993, by decedents dying on or after August 13, 1993. Acts 1993, No. 114, § 12.

This act applies to registrations of securities in beneficiary form made before or after August 13, 1993, by decedents dying on or after August 13, 1993.

Acts 1993, No. 114, § 12.
Ark. Code Ann. § 28-74-102 — AR Code / Title 28 / Chapter 74 / Subchapter 1 / Section 28-74-102
Definitions
Status: in_force

In this chapter: (1) "Adult" means an individual who has attained eighteen (18) years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under § 28-67-105 . (3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under the Adult Maltreatment Custody Act, § 9-20-101 et seq., § 28-65-201 et seq., and the Uniform Veterans' Guardianship Act, § 28-66-101 et seq. (4) "Guardianship order" means an order appointing a guardian. (5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) "Incapacitated person" means an adult for whom a guardian has been appointed. (7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (8) "Person," except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (9) "Protected person" means an adult for whom a protective order has been issued. (10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property. (11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. Acts 2011, No. 159, § 1.

In this chapter:

(1) "Adult" means an individual who has attained eighteen (18) years of age.

(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under § 28-67-105 .

(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under the Adult Maltreatment Custody Act, § 9-20-101 et seq., § 28-65-201 et seq., and the Uniform Veterans' Guardianship Act, § 28-66-101 et seq.

(4) "Guardianship order" means an order appointing a guardian.

(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(6) "Incapacitated person" means an adult for whom a guardian has been appointed.

(7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(8) "Person," except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(9) "Protected person" means an adult for whom a protective order has been issued.

(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.

(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.

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

(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.

(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

Acts 2011, No. 159, § 1.
Ark. Code Ann. § 28-72-503 — AR Code / Title 28 / Chapter 72 / Subchapter 5 / Section 28-72-503
Definition
Status: in_force

For purposes of this subchapter, "long-term intergenerational security trust" means a trust established for an individual under eighteen (18) years of age which contains the provisions prescribed in § 28-72-504(a) . Acts 1995, No. 1303, § 3.

For purposes of this subchapter, "long-term intergenerational security trust" means a trust established for an individual under eighteen (18) years of age which contains the provisions prescribed in § 28-72-504(a) .

Acts 1995, No. 1303, § 3.
Ark. Code Ann. § 28-70-301 — AR Code / Title 28 / Chapter 70 / Subchapter 3 / Section 28-70-301
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 301.

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

Acts 1999, No. 647, § 301.
Ark. Code Ann. § 28-65-302 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-302
Decisions requiring court approval
Status: in_force

(a) (1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Prohibit the incapacitated person from voting; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate. (2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Authorize an incapacitated person to vote; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate. (b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214 . Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845; Acts 1999, No. 1536, § 7; 2001, No. 1689, § 1.

(a) (1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Prohibit the incapacitated person from voting; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate. (2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Authorize an incapacitated person to vote; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(1) No guardian appointed prior to October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Prohibit the incapacitated person from voting; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(B) Consent to withholding life-saving treatment;

(C) Authorize experimental medical procedures;

(D) Authorize termination of parental rights;

(E) Prohibit the incapacitated person from voting;

(F) Prohibit the incapacitated person from obtaining a driver's license; or

(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(2) No guardian appointed on or after October 1, 2001, shall make any of the following decisions without filing a petition and receiving express court approval: (A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated; (B) Consent to withholding life-saving treatment; (C) Authorize experimental medical procedures; (D) Authorize termination of parental rights; (E) Authorize an incapacitated person to vote; (F) Prohibit the incapacitated person from obtaining a driver's license; or (G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(A) Consent on behalf of the incapacitated person to abortion, sterilization, psychosurgery, or removal of bodily organs except when necessary in a situation threatening the life of the incapacitated;

(B) Consent to withholding life-saving treatment;

(C) Authorize experimental medical procedures;

(D) Authorize termination of parental rights;

(E) Authorize an incapacitated person to vote;

(F) Prohibit the incapacitated person from obtaining a driver's license; or

(G) Consent to a settlement or compromise of any claim by or against the incapacitated person or his or her estate.

(b) However, the provisions of subdivision (a)(2) of this section shall not apply to written requests under § 20-17-214 .

Acts 1985, No. 940, § 26; A.S.A. 1947, § 57-845; Acts 1999, No. 1536, § 7; 2001, No. 1689, § 1.
Ark. Code Ann. § 28-2-203 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-203
Scope
Status: in_force

This subchapter applies to disclaimers of any interest in or power over property, whenever created. Acts 2003, No. 610, § 3.

This subchapter applies to disclaimers of any interest in or power over property, whenever created.

Acts 2003, No. 610, § 3.
Ark. Code Ann. § 28-69-303 — AR Code / Title 28 / Chapter 69 / Subchapter 3 / Section 28-69-303
Incorporation by reference authorized - Effect
Status: in_force

(a) By a clearly expressed intention of the testator or settlor so to do contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, the language contained in the introductory paragraph of § 28-69-304 and in any one (1) or more of the subdivisions of that section may be incorporated, with appropriate reference made to § 28-69-304 , in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or applicable to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument. (b) However, the language contained in § 28-69-304(1) -(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent and is available only for incorporation by reference in a will as powers of the executor or executors of the will. Acts 1961, No. 153, § 2; A.S.A. 1947, § 58-115.

(a) By a clearly expressed intention of the testator or settlor so to do contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, the language contained in the introductory paragraph of § 28-69-304 and in any one (1) or more of the subdivisions of that section may be incorporated, with appropriate reference made to § 28-69-304 , in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or applicable to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument.

(b) However, the language contained in § 28-69-304(1) -(4) is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent and is available only for incorporation by reference in a will as powers of the executor or executors of the will.

Acts 1961, No. 153, § 2; A.S.A. 1947, § 58-115.
Ark. Code Ann. § 28-65-704 — AR Code / Title 28 / Chapter 65 / Subchapter 7 / Section 28-65-704
Correspondence and legal process
Status: in_force

All correspondence and legal process regarding a public guardianship under this subchapter shall be to or from the Public Guardian for Adults in his or her official capacity. Acts 2007, No. 862, § 4.

All correspondence and legal process regarding a public guardianship under this subchapter shall be to or from the Public Guardian for Adults in his or her official capacity.

Acts 2007, No. 862, § 4.
Ark. Code Ann. § 28-48-301 — AR Code / Title 28 / Chapter 48 / Subchapter 3 / Section 28-48-301
Sheriff
Status: in_force

(a) By virtue of his or her office, the sheriff shall be public administrator in his or her county. (b) It shall be the duty of the public administrator to take custody of all property of every kind in the county belonging to a deceased person if: (1) The person dies or is found dead in the county without known spouse or next of kin and no qualified person petitions the court for grant of administration; (2) The person, though dying elsewhere, leaves any property in the county which is exposed to loss or damage or is not in the custody of some responsible person; or (3) For any other reason, the circuit court shall direct him or her to take custody of property. Acts 1949, No. 140, § 174; A.S.A. 1947, § 62-3001.

(a) By virtue of his or her office, the sheriff shall be public administrator in his or her county.

(b) It shall be the duty of the public administrator to take custody of all property of every kind in the county belonging to a deceased person if: (1) The person dies or is found dead in the county without known spouse or next of kin and no qualified person petitions the court for grant of administration; (2) The person, though dying elsewhere, leaves any property in the county which is exposed to loss or damage or is not in the custody of some responsible person; or (3) For any other reason, the circuit court shall direct him or her to take custody of property.

(1) The person dies or is found dead in the county without known spouse or next of kin and no qualified person petitions the court for grant of administration;

(2) The person, though dying elsewhere, leaves any property in the county which is exposed to loss or damage or is not in the custody of some responsible person; or

(3) For any other reason, the circuit court shall direct him or her to take custody of property.

Acts 1949, No. 140, § 174; A.S.A. 1947, § 62-3001.
Ark. Code Ann. § 28-65-102 — AR Code / Title 28 / Chapter 65 / Subchapter 1 / Section 28-65-102
Relationship of chapter to Uniform Veterans' Guardianship Act
Status: in_force

(a) The provisions of this chapter shall: (1) Extend to the persons specifically provided for under the terms of the Uniform Veterans' Guardianship Act, § 28-66-101 et seq; and (2) Be cumulative to the Uniform Veterans' Guardianship Act, § 28-66-101 et seq. (b) However, all conflicts arising between the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., and this chapter shall be resolved by giving effect to the law as stated in the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., in cases to which the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., applies and then only as applicable to assets derived through the Veterans' Administration. Acts 1985, No. 940, § 3; A.S.A. 1947, § 57-822.

(a) The provisions of this chapter shall: (1) Extend to the persons specifically provided for under the terms of the Uniform Veterans' Guardianship Act, § 28-66-101 et seq; and (2) Be cumulative to the Uniform Veterans' Guardianship Act, § 28-66-101 et seq.

(1) Extend to the persons specifically provided for under the terms of the Uniform Veterans' Guardianship Act, § 28-66-101 et seq; and

(2) Be cumulative to the Uniform Veterans' Guardianship Act, § 28-66-101 et seq.

(b) However, all conflicts arising between the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., and this chapter shall be resolved by giving effect to the law as stated in the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., in cases to which the Uniform Veterans' Guardianship Act, § 28-66-101 et seq., applies and then only as applicable to assets derived through the Veterans' Administration.

Acts 1985, No. 940, § 3; A.S.A. 1947, § 57-822.
Ark. Code Ann. § 28-68-402 — AR Code / Title 28 / Chapter 68 / Subchapter 4 / Section 28-68-402
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as it existed on January 1, 2011, but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Acts 1999, No. 1426, § 2; 2011, No. 805, § 1.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as it existed on January 1, 2011, but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .

Acts 1999, No. 1426, § 2; 2011, No. 805, § 1.
Ark. Code Ann. § 28-15-101 — AR Code / Title 28 / Chapter 15 / Section 28-15-101
Title
Status: in_force

This chapter may be cited as the Uniform Community Property Disposition at Death Act. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

This chapter may be cited as the Uniform Community Property Disposition at Death Act.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-68-117 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-117
Agent's liability
Status: in_force

An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to: (1) restore the value of the principal's property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf. Acts 2011, No. 805, § 1.

An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:

(1) restore the value of the principal's property to what it would have been had the violation not occurred; and

(2) reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-73-110 — AR Code / Title 28 / Chapter 73 / Subchapter 1 / Section 28-73-110
Others treated as qualified beneficiaries
Status: in_force

(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined: (1) is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal upon termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in § 28-73-408 or § 28-73-409 has the rights of a qualified beneficiary under this chapter. (d) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state. Acts 2005, No. 1031, § 1.

(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.

(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined: (1) is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal upon termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(1) is a distributee or permissible distributee of trust income or principal;

(2) would be a distributee or permissible distributee of trust income or principal upon termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or

(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in § 28-73-408 or § 28-73-409 has the rights of a qualified beneficiary under this chapter.

(d) The Attorney General has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-68-405 — AR Code / Title 28 / Chapter 68 / Subchapter 4 / Section 28-68-405
Effective date
Status: in_force

This chapter takes effect January 1, 2012. Acts 1999, No. 1423, § 5; 2011, No. 805, § 1.

This chapter takes effect January 1, 2012.

Acts 1999, No. 1423, § 5; 2011, No. 805, § 1.
Ark. Code Ann. § 28-73-402 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-402
Requirements for creation
Status: in_force

(a) A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in § 28-73-408 ; or (C) a trust for a noncharitable purpose, as provided in § 28-73-409 ; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. (d) Notwithstanding subdivision (a)(1) of this section, a trust created by an agent under a power of attorney is valid if the: (1) trust is created by an agent under a power of attorney executed by the settlor as described in § 28-73-401(4) ; and (2) settlor had the capacity to create a trust at the time he or she executed the power of attorney. Amended by Act 2021, No. 804,§ 4, eff. 7/28/2021. Acts 2005, No. 1031, § 1.

(a) A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in § 28-73-408 ; or (C) a trust for a noncharitable purpose, as provided in § 28-73-409 ; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary.

(1) the settlor has capacity to create a trust;

(2) the settlor indicates an intention to create the trust;

(3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in § 28-73-408 ; or (C) a trust for a noncharitable purpose, as provided in § 28-73-409 ;

(A) a charitable trust;

(B) a trust for the care of an animal, as provided in § 28-73-408 ; or

(C) a trust for a noncharitable purpose, as provided in § 28-73-409 ;

(4) the trustee has duties to perform; and

(5) the same person is not the sole trustee and sole beneficiary.

(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

(d) Notwithstanding subdivision (a)(1) of this section, a trust created by an agent under a power of attorney is valid if the: (1) trust is created by an agent under a power of attorney executed by the settlor as described in § 28-73-401(4) ; and (2) settlor had the capacity to create a trust at the time he or she executed the power of attorney.

(1) trust is created by an agent under a power of attorney executed by the settlor as described in § 28-73-401(4) ; and

(2) settlor had the capacity to create a trust at the time he or she executed the power of attorney.

Amended by Act 2021, No. 804,§ 4, eff. 7/28/2021.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-9-207 — AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-207
Heirs as tenants in common
Status: in_force

When real or personal property is transmitted by inheritance to two (2) or more persons, they will take the same as tenants in common. However, when personal property is distributed in separate units by a personal representative, each distributee will hold his or her distributed part in severalty. Acts 1969, No. 303, § 9; A.S.A. 1947, § 61-139.

When real or personal property is transmitted by inheritance to two (2) or more persons, they will take the same as tenants in common. However, when personal property is distributed in separate units by a personal representative, each distributee will hold his or her distributed part in severalty.

Acts 1969, No. 303, § 9; A.S.A. 1947, § 61-139.
Ark. Code Ann. § 28-48-207 — AR Code / Title 28 / Chapter 48 / Subchapter 2 / Section 28-48-207
Obligations
Status: in_force

(a) The bond of the personal representative shall run to the State of Arkansas for the use of all persons interested in the estate and shall be for the security and benefit of such persons. (b) The sureties shall be jointly and severally liable with the personal representative and with each other. Acts 1949, No. 140, § 83; A.S.A. 1947, § 62-2214.

(a) The bond of the personal representative shall run to the State of Arkansas for the use of all persons interested in the estate and shall be for the security and benefit of such persons.

(b) The sureties shall be jointly and severally liable with the personal representative and with each other.

Acts 1949, No. 140, § 83; A.S.A. 1947, § 62-2214.
Ark. Code Ann. § 28-2-220 — AR Code / Title 28 / Chapter 2 / Subchapter 2 / Section 28-2-220
Effective date
Status: in_force

This act takes effect on September 1, 2003. Acts 2003, No. 610, § 19.

This act takes effect on September 1, 2003.

Acts 2003, No. 610, § 19.
Ark. Code Ann. § 28-27-103 — AR Code / Title 28 / Chapter 27 / Section 28-27-103
Uniformity of application and construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. Acts 1995, No. 751, § 3.

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

Acts 1995, No. 751, § 3.
Ark. Code Ann. § 28-72-401 — AR Code / Title 28 / Chapter 72 / Subchapter 4 / Section 28-72-401
Definitions
Status: in_force

As used in this subchapter: (1) "Adult" means an individual who is at least eighteen (18) years of age. (2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this subchapter. (3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. (4) "Court" means the circuit court of the appropriate county of this state. (5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this subchapter and the income from the proceeds of that interest. (6) "Custodial trustee" means a person designated as trustee of a custodial trust under this subchapter or a substitute or successor to the person designated. (7) "Guardian" means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem. (8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause. (9) "Legal representative" means a personal representative or conservator. (10) "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. (12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them. (13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (14) "Transferor" means a person who creates a custodial trust by transfer or declaration. (15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. Acts 1991, No. 273, § 1.

As used in this subchapter:

(1) "Adult" means an individual who is at least eighteen (18) years of age.

(2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this subchapter.

(3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.

(4) "Court" means the circuit court of the appropriate county of this state.

(5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this subchapter and the income from the proceeds of that interest.

(6) "Custodial trustee" means a person designated as trustee of a custodial trust under this subchapter or a substitute or successor to the person designated.

(7) "Guardian" means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.

(8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.

(9) "Legal representative" means a personal representative or conservator.

(10) "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.

(12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.

(13) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(14) "Transferor" means a person who creates a custodial trust by transfer or declaration.

(15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.

Acts 1991, No. 273, § 1.
Ark. Code Ann. § 28-53-115 — AR Code / Title 28 / Chapter 53 / Subchapter 1 / Section 28-53-115
Partition
Status: in_force

(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final distribution, to make partition thereof. (b) If the petition is filed, the court, after notice to persons interested in the property involved, shall proceed to make partition, allot, and divide the property, or order the sale of the property for partition. (c) In case equal partition cannot be had between the parties without prejudice to the rights or interests of some, partition may be made in unequal shares and by awarding judgment for compensation to be paid by one (1) or more parties to one (1) or more of the others. (d) Any two (2) or more parties may agree to accept undivided interests. (e) Any sale under this section shall be conducted and confirmed in the same manner as other probate sales. (f) Expenses incident to the partition, including reasonable compensation to commissioners for their services, shall be equitably apportioned by the court among the parties. The amount charged to each party shall constitute a lien on the property allotted to him or her. Acts 1949, No. 140, § 169; A.S.A. 1947, § 62-2910.

(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final distribution, to make partition thereof.

(b) If the petition is filed, the court, after notice to persons interested in the property involved, shall proceed to make partition, allot, and divide the property, or order the sale of the property for partition.

(c) In case equal partition cannot be had between the parties without prejudice to the rights or interests of some, partition may be made in unequal shares and by awarding judgment for compensation to be paid by one (1) or more parties to one (1) or more of the others.

(d) Any two (2) or more parties may agree to accept undivided interests.

(e) Any sale under this section shall be conducted and confirmed in the same manner as other probate sales.

(f) Expenses incident to the partition, including reasonable compensation to commissioners for their services, shall be equitably apportioned by the court among the parties. The amount charged to each party shall constitute a lien on the property allotted to him or her.

Acts 1949, No. 140, § 169; A.S.A. 1947, § 62-2910.
Ark. Code Ann. § 28-68-401 — AR Code / Title 28 / Chapter 68 / Subchapter 4 / Section 28-68-401
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Acts 1999, No. 1423, § 1; 2011, No. 805, § 1.

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

Acts 1999, No. 1423, § 1; 2011, No. 805, § 1.
Ark. Code Ann. § 28-14-104 — AR Code / Title 28 / Chapter 14 / Section 28-14-104
Origination of registration in beneficiary form
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. Acts 1993, No. 114, § 4.

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

Acts 1993, No. 114, § 4.
Ark. Code Ann. § 28-73-817 — AR Code / Title 28 / Chapter 73 / Subchapter 8 / Section 28-73-817
Distribution upon termination
Status: in_force

(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty (30) days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection. (b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. (c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent: (1) it was induced by improper conduct of the trustee; or (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach. Acts 2005, No. 1031, § 1.

(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within thirty (30) days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.

(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.

(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent: (1) it was induced by improper conduct of the trustee; or (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.

(1) it was induced by improper conduct of the trustee; or

(2) the beneficiary, at the time of the release, 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. § 28-75-117 — AR Code / Title 28 / Chapter 28 / Section 28-75-117
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.

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

Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 28-77-701 — AR Code / Title 28 / Chapter 77 / Subchapter 7 / Section 28-77-701
When right to income begins and ends
Status: in_force

(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to: (1) the trust for the current income beneficiary; or (2) a successive interest for a successor beneficiary. (b) An asset becomes subject to a trust under subsection (a)(1): (1) for an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred; (2) for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or (3) for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death. (c) An asset becomes subject to a successive interest under subsection (a)(2) on the day after the preceding income interest ends, as determined under subsection (d), even if there is an intervening period of administration to wind up the preceding income interest. (d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary may or must distribute income. Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.

(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to: (1) the trust for the current income beneficiary; or (2) a successive interest for a successor beneficiary.

(1) the trust for the current income beneficiary; or

(2) a successive interest for a successor beneficiary.

(b) An asset becomes subject to a trust under subsection (a)(1): (1) for an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred; (2) for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or (3) for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death.

(1) for an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred;

(2) for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or

(3) for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death.

(c) An asset becomes subject to a successive interest under subsection (a)(2) on the day after the preceding income interest ends, as determined under subsection (d), even if there is an intervening period of administration to wind up the preceding income interest.

(d) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary may or must distribute income.

Added by Act 2021, No. 1088,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 28-52-107 — AR Code / Title 28 / Chapter 52 / Section 28-52-107
Continuance - Hearing - Objections
Status: in_force

(a) Every account filed by a personal representative shall be continued without being acted on for a period of sixty (60) days from the date of its filing. (b) The court may, and upon motion of an interested person shall, set the hearing on the account for a day certain. (c) (1) At any time prior to the hearing on an account of a personal representative, an interested person may file written objections to any item or omission in the account. (2) All objections shall be specific and shall indicate the modification desired. Acts 1949, No. 140, §§ 153, 154; A.S.A. 1947, §§ 62-2807, 62-2808.

(a) Every account filed by a personal representative shall be continued without being acted on for a period of sixty (60) days from the date of its filing.

(b) The court may, and upon motion of an interested person shall, set the hearing on the account for a day certain.

(c) (1) At any time prior to the hearing on an account of a personal representative, an interested person may file written objections to any item or omission in the account. (2) All objections shall be specific and shall indicate the modification desired.

(1) At any time prior to the hearing on an account of a personal representative, an interested person may file written objections to any item or omission in the account.

(2) All objections shall be specific and shall indicate the modification desired.

Acts 1949, No. 140, §§ 153, 154; A.S.A. 1947, §§ 62-2807, 62-2808.
Ark. Code Ann. § 28-1-110 — AR Code / Title 28 / Chapter 1 / Section 28-1-110
Filing objections to petition
Status: in_force

(a) On or before the day set for hearing, an interested person may file written objections to a petition previously filed. (b) Upon special order or general rule of the court, objections to a petition must be filed in writing as a prerequisite to being heard by the court. Acts 1949, No. 140, § 11; A.S.A. 1947, § 62-2011.

(a) On or before the day set for hearing, an interested person may file written objections to a petition previously filed.

(b) Upon special order or general rule of the court, objections to a petition must be filed in writing as a prerequisite to being heard by the court.

Acts 1949, No. 140, § 11; A.S.A. 1947, § 62-2011.
Ark. Code Ann. § 28-15-112 — AR Code / Title 28 / Chapter 15 / Section 28-15-112
Uniformity of application and construction
Status: in_force

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 28-65-301 — AR Code / Title 28 / Chapter 65 / Subchapter 3 / Section 28-65-301
Duties of guardians generally
Status: in_force

(a) (1) It shall be the duty of the guardian of the person, consistent with and out of the resources of the ward's estate, to care for and maintain the ward and, if he or she is a minor, to see that he or she is protected, properly trained and educated, and that he or she has the opportunity to learn a trade, occupation, or profession. (2) The guardian of the person may be required to report the condition of his or her ward to the court, at regular intervals or otherwise, as the court may direct. (3) The guardian of the person shall be entitled to the custody of the ward but shall not have the power to bind the ward or his or her property. (b) (1) It shall be the duty of the guardian of the estate: (A) To exercise due care to protect and preserve it; (B) To invest it and apply it as provided in this chapter; (C) To account for it faithfully; (D) To perform all other duties required of him or her by law; and (E) At the termination of the guardianship, to deliver the assets of the ward to the persons entitled to them. (2) To the extent applicable, the law of trusts shall apply to the duties and liabilities of a guardian of the estate. Acts 1985, No. 940, §§ 25, 26; A.S.A. 1947, §§ 57-844, 57-845; Acts 1999, No. 517, § 2.

(a) (1) It shall be the duty of the guardian of the person, consistent with and out of the resources of the ward's estate, to care for and maintain the ward and, if he or she is a minor, to see that he or she is protected, properly trained and educated, and that he or she has the opportunity to learn a trade, occupation, or profession. (2) The guardian of the person may be required to report the condition of his or her ward to the court, at regular intervals or otherwise, as the court may direct. (3) The guardian of the person shall be entitled to the custody of the ward but shall not have the power to bind the ward or his or her property.

(1) It shall be the duty of the guardian of the person, consistent with and out of the resources of the ward's estate, to care for and maintain the ward and, if he or she is a minor, to see that he or she is protected, properly trained and educated, and that he or she has the opportunity to learn a trade, occupation, or profession.

(2) The guardian of the person may be required to report the condition of his or her ward to the court, at regular intervals or otherwise, as the court may direct.

(3) The guardian of the person shall be entitled to the custody of the ward but shall not have the power to bind the ward or his or her property.

(b) (1) It shall be the duty of the guardian of the estate: (A) To exercise due care to protect and preserve it; (B) To invest it and apply it as provided in this chapter; (C) To account for it faithfully; (D) To perform all other duties required of him or her by law; and (E) At the termination of the guardianship, to deliver the assets of the ward to the persons entitled to them. (2) To the extent applicable, the law of trusts shall apply to the duties and liabilities of a guardian of the estate.

(1) It shall be the duty of the guardian of the estate: (A) To exercise due care to protect and preserve it; (B) To invest it and apply it as provided in this chapter; (C) To account for it faithfully; (D) To perform all other duties required of him or her by law; and (E) At the termination of the guardianship, to deliver the assets of the ward to the persons entitled to them.

(A) To exercise due care to protect and preserve it;

(B) To invest it and apply it as provided in this chapter;

(C) To account for it faithfully;

(D) To perform all other duties required of him or her by law; and

(E) At the termination of the guardianship, to deliver the assets of the ward to the persons entitled to them.

(2) To the extent applicable, the law of trusts shall apply to the duties and liabilities of a guardian of the estate.

Acts 1985, No. 940, §§ 25, 26; A.S.A. 1947, §§ 57-844, 57-845; Acts 1999, No. 517, § 2.
Ark. Code Ann. § 28-49-103 — AR Code / Title 28 / Chapter 49 / Section 28-49-103
Discovery of assets
Status: in_force

(a) If a personal representative or other person interested in the estate files with the court an affidavit stating that the affiant has good cause to believe that any person named in the affidavit has knowledge concerning or possession of any real or personal property or of any records, papers, or documents belonging to the decedent, or which affect his or her title to or rights in any property, the court shall have the power to cause the person to appear before the court and be examined on oath for the discovery of the same. (b) Any person failing to appear when ordered or refusing to answer proper questions shall be adjudged guilty of contempt of court and punished accordingly. Acts 1949, No. 140, § 102; A.S.A. 1947, § 62-2409.

(a) If a personal representative or other person interested in the estate files with the court an affidavit stating that the affiant has good cause to believe that any person named in the affidavit has knowledge concerning or possession of any real or personal property or of any records, papers, or documents belonging to the decedent, or which affect his or her title to or rights in any property, the court shall have the power to cause the person to appear before the court and be examined on oath for the discovery of the same.

(b) Any person failing to appear when ordered or refusing to answer proper questions shall be adjudged guilty of contempt of court and punished accordingly.

Acts 1949, No. 140, § 102; A.S.A. 1947, § 62-2409.
Ark. Code Ann. § 28-51-309 — AR Code / Title 28 / Chapter 51 / Subchapter 3 / Section 28-51-309
Waiver of landlord's lien
Status: in_force

In order to enable a lessee, tenant, or sharecropper on lands of the estate to obtain money, advances, or supplies with which to plant, cultivate, or harvest crops growing or to be grown on lands of the estate, a personal representative, upon the authorization of or approval by the court, may waive or subordinate, in whole or in part, a landlord's lien held by the estate. Acts 1949, No. 140, § 138; A.S.A. 1947, § 62-2715.

In order to enable a lessee, tenant, or sharecropper on lands of the estate to obtain money, advances, or supplies with which to plant, cultivate, or harvest crops growing or to be grown on lands of the estate, a personal representative, upon the authorization of or approval by the court, may waive or subordinate, in whole or in part, a landlord's lien held by the estate.

Acts 1949, No. 140, § 138; A.S.A. 1947, § 62-2715.
Ark. Code Ann. § 28-54-109 — AR Code / Title 28 / Chapter 54 / Section 28-54-109
Collection of estate tax by fiduciary
Status: in_force

(a) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person. (b) Except as otherwise provided in § 28-54-106 , any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority: (1) any person having an interest in the apportionable estate which is not exonerated from the tax; (2) any other person having an interest in the apportionable estate; (3) any person having an interest in the gross estate. (c) A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative. (d) The total tax collected from a person pursuant to this chapter may not exceed the value of the person's interest. Acts 2007, No. 276, § 1.

(a) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person.

(b) Except as otherwise provided in § 28-54-106 , any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority: (1) any person having an interest in the apportionable estate which is not exonerated from the tax; (2) any other person having an interest in the apportionable estate; (3) any person having an interest in the gross estate.

(1) any person having an interest in the apportionable estate which is not exonerated from the tax;

(2) any other person having an interest in the apportionable estate;

(3) any person having an interest in the gross estate.

(c) A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative.

(d) The total tax collected from a person pursuant to this chapter may not exceed the value of the person's interest.

Acts 2007, No. 276, § 1.
Ark. Code Ann. § 28-26-102 — AR Code / Title 28 / Chapter 26 / Section 28-26-102
After-acquired property
Status: in_force

Property acquired by the testator after the making of the testator's will shall pass as if title to the property was vested in the testator at the time of making the will, unless the contrary intention manifestly appears in the will. Acts 1949, No. 140, § 25; A.S.A. 1947, § 60-409.

Property acquired by the testator after the making of the testator's will shall pass as if title to the property was vested in the testator at the time of making the will, unless the contrary intention manifestly appears in the will.

Acts 1949, No. 140, § 25; A.S.A. 1947, § 60-409.
Ark. Code Ann. § 28-11-404 — AR Code / Title 28 / Chapter 11 / Subchapter 4 / Section 28-11-404
Devise deemed in lieu of dower or curtesy
Status: in_force

If any spouse shall devise and bequeath to the other spouse any portion of his or her real estate of which he or she died seized, it shall be deemed and taken in lieu of dower or curtesy, as the case may be, out of the estate of the deceased spouse, unless the testator shall, in his or her will, declare otherwise. Rev. Stat., ch. 52, § 23; C. & M. Dig., § 3538; Pope's Dig., § 4424; Acts 1981, No. 714, § 37; A.S.A. 1947, § 61-221.

If any spouse shall devise and bequeath to the other spouse any portion of his or her real estate of which he or she died seized, it shall be deemed and taken in lieu of dower or curtesy, as the case may be, out of the estate of the deceased spouse, unless the testator shall, in his or her will, declare otherwise.

Rev. Stat., ch. 52, § 23; C. & M. Dig., § 3538; Pope's Dig., § 4424; Acts 1981, No. 714, § 37; A.S.A. 1947, § 61-221.
Ark. Code Ann. § 28-50-114 — AR Code / Title 28 / Chapter 50 / Section 28-50-114
Execution and levies prohibited
Status: in_force

(a) No execution shall issue upon nor shall any levy be made against any property of the estate under any judgment against a decedent or a personal representative. (b) However, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding. Acts 1949, No. 140, § 123; A.S.A. 1947, § 62-2614.

(a) No execution shall issue upon nor shall any levy be made against any property of the estate under any judgment against a decedent or a personal representative.

(b) However, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.

Acts 1949, No. 140, § 123; A.S.A. 1947, § 62-2614.
Ark. Code Ann. § 28-41-103 — AR Code / Title 28 / Chapter 41 / Section 28-41-103
Petition and order for no administration
Status: in_force

(a) Either with or without administration, if the court shall determine upon petition of an interested person that the personal property owned by a decedent at the time of his or her death does not exceed that to which the surviving spouse, if any, or minor children, if any, are by law entitled free of debt, as dower or curtesy and statutory allowances, then the court may enter an order vesting the entire estate in the surviving spouse and minor children, or the surviving spouse or minor children. (b) The statutory allowances payable to or for the benefit of the minor children of the decedent may be paid to the surviving parent without the interposition of a guardian if the surviving parent has custody of the minor children. (c) The petition may be granted without notice or upon such notice as the court may direct. (d) (1) The order shall specifically describe the property vested thereby. (2) The order, to the extent of the property specifically described in the order, until revoked, shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the decedent and to persons purchasing or otherwise dealing with the property, for payment or transfer to the persons described in the order as entitled to receive the property. Acts 1949, No. 140, § 68; A.S.A. 1947, § 62-2129.

(a) Either with or without administration, if the court shall determine upon petition of an interested person that the personal property owned by a decedent at the time of his or her death does not exceed that to which the surviving spouse, if any, or minor children, if any, are by law entitled free of debt, as dower or curtesy and statutory allowances, then the court may enter an order vesting the entire estate in the surviving spouse and minor children, or the surviving spouse or minor children.

(b) The statutory allowances payable to or for the benefit of the minor children of the decedent may be paid to the surviving parent without the interposition of a guardian if the surviving parent has custody of the minor children.

(c) The petition may be granted without notice or upon such notice as the court may direct.

(d) (1) The order shall specifically describe the property vested thereby. (2) The order, to the extent of the property specifically described in the order, until revoked, shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the decedent and to persons purchasing or otherwise dealing with the property, for payment or transfer to the persons described in the order as entitled to receive the property.

(1) The order shall specifically describe the property vested thereby.

(2) The order, to the extent of the property specifically described in the order, until revoked, shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the decedent and to persons purchasing or otherwise dealing with the property, for payment or transfer to the persons described in the order as entitled to receive the property.

Acts 1949, No. 140, § 68; A.S.A. 1947, § 62-2129.
Ark. Code Ann. § 28-68-105 — AR Code / Title 28 / Chapter 68 / Subchapter 1 / Section 28-68-105
Execution of power of attorney
Status: in_force

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. Acts 2011, No. 805, § 1.

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

Acts 2011, No. 805, § 1.
Ark. Code Ann. § 28-70-101 — AR Code / Title 28 / Chapter 70 / Subchapter 1 / Section 28-70-101
[Repealed]
Status: repealed

Repealed by Act 2021, No. 1088,§ 1, eff. 1/1/2022. Acts 1999, No. 647, § 101.

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

Acts 1999, No. 647, § 101.
Ark. Code Ann. § 28-73-407 — AR Code / Title 28 / Chapter 73 / Subchapter 4 / Section 28-73-407
Evidence of oral trust
Status: in_force

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence. Acts 2005, No. 1031, § 1.

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.

Acts 2005, No. 1031, § 1.
Ark. Code Ann. § 28-12-112 — AR Code / Title 28 / Chapter 12 / Section 28-12-112
[Repealed]
Status: repealed

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023. Acts 1981, No. 660, § 17[12]; A.S.A. 1947, § 61-114n.

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

Acts 1981, No. 660, § 17[12]; A.S.A. 1947, § 61-114n.
Ark. Code Ann. § 28-48-304 — AR Code / Title 28 / Chapter 48 / Subchapter 3 / Section 28-48-304
Accounting to regular personal representative
Status: in_force

Upon the appointment of a general personal representative in an estate for which the public administrator is acting, the administrator shall account for and deliver to the general personal representative all of the property of the estate in his or her hands. Acts 1949, No. 140, § 177; A.S.A. 1947, § 62-3004.

Upon the appointment of a general personal representative in an estate for which the public administrator is acting, the administrator shall account for and deliver to the general personal representative all of the property of the estate in his or her hands.

Acts 1949, No. 140, § 177; A.S.A. 1947, § 62-3004.