reglab/housing_qa huggingface dataset:
AR Code § 28-51-305 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 51 - Transfers Of Property|Subchapter 3 - Real Property Interests|§ 28-51-305. Report and confirmation

 (a) Within ten (10) days after making any sale, mortgage, or lease of real property, the personal representative shall make a verified report to the court of his or her proceeding, with proof of publication or posting in case the sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real property, or the lease thereof, or, if he or she acquired any such interest, specific facts showing that it was acquired in conformity with the provisions of the Probate Code.  (b) An interested person may file written objections to the confirmation.  (c)  (1)  (A) The court shall examine the report and, if satisfied that the sale, mortgage, or lease has been at a price and on terms advantageous to the estate and in all respects made in conformity with law, shall confirm the sale, mortgage, or lease and order the personal representative to execute and deliver to the person entitled a deed, mortgage, lease, or other appropriate instrument.  (B) However, no report shall be confirmed within five (5) days after the filing unless all persons interested in the estate, either in person or by attorney or guardian, shall consent in writing to the confirmation.    (2) The instrument shall refer to the order of sale, mortgage, or lease by its date and the court by which it was made, shall transfer to the grantee, mortgagee, or lessee all the right, title, and interest of the decedent granted by the instrument, and shall discharge from liability for all debts and obligations incident to the administration of the estate, except encumbrances assumed.    (d) If satisfied that the sale, mortgage, or lease is not advantageous to the estate or has not been made in conformity with law, the court may reject the sale, mortgage, or lease or require a reexecution of the order upon such terms and conditions as it may direct.  (e) However, when the order is for private sale, mortgage, or lease, the court may approve the report and confirm the sale immediately, either by endorsement upon the report of sale, mortgage, or lease or by separate order of confirmation. If approval and confirmation is by endorsement upon the report, the report, with endorsement, shall be recorded.
AR Code § 28-51-306 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 51 - Transfers Of Property|Subchapter 3 - Real Property Interests|§ 28-51-306. Execution of conveyance — Recordation

 (a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305, the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation.  (b) A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the:  (1) Due appointment and qualification of the personal representative;  (2) Correctness of the proceedings; and  (3) Authority of the personal representative to execute the instrument.    (c) The foregoing provision shall in no way limit the effect of the provisions of § 28-51-109.
AR Code § 28-51-307 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 51 - Transfers Of Property|Subchapter 3 - Real Property Interests|§ 28-51-307. Expenses of sale

 In connection with the sale, mortgage, lease, or exchange of property, the court may authorize the personal representative to pay, out of the proceeds realized or out of the estate, the customary and reasonable auctioneers' and brokers' fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps, and other necessary costs and expenses in connection therewith.
AR Code § 28-51-308 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 51 - Transfers Of Property|Subchapter 3 - Real Property Interests|§ 28-51-308. Platting and dedication

 When it is for the best interest of the estate in order to dispose of real property, the court, upon application by the personal representative or other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting and to dedicate lands in connection therewith.
AR Code § 28-51-309 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 51 - Transfers Of Property|Subchapter 3 - Real Property Interests|§ 28-51-309. Waiver of landlord's lien

 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.
AR Code § 28-53-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-102. Partial distribution

 (a) Delivery of Specific Property to Distributee Before Final Order.  (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby.  (2) At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return.    (b) Distribution of Part of Estate.  (1) After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct.  (2) The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.  (3) Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution.
AR Code § 28-53-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-103. Order of final distribution — Notice and hearing

 (a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing.  (b) In addition to the notice required by § 28-52-106, the clerk, by one (1) or more of the methods provided by § 28-1-112 as the court may by rule or specific order direct, shall notify all distributees of the estate, the surviving spouse, if any, of the decedent, all unpaid creditors, the surety of the personal representative, and such other persons, if any, as the court may direct, of the filing of the final account and the date set for hearing thereon.  (c) However, the court may order a final distribution or approve a final distribution previously made immediately upon the filing of the final account when it appears to the court that all parties in interest who are of full age and under no disability have waived the notice and hearing and that the guardians of all parties in interest who are minors or under disability of incompetency have waived the notice and hearing.
AR Code § 28-53-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-104. Order of final distribution — Contents

 (a) The order authorizing, directing, or approving a final distribution shall state that:  (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;  (2) The notice required by § 28-53-103 has been given or has been waived;  (3) The time for filing claims against the estate has expired;  (4) All claims have been paid, or contain a list of unpaid claims;  (5) There are contingent claims which have been allowed and whether the distributees take subject thereto;  (6) All state and federal inheritance and estate taxes have been paid or provided for; and  (7) The distribution authorized or approved is according to law.    (b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.
AR Code § 28-53-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-105. Order of final distribution — Conclusiveness

 (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.
AR Code § 28-53-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-106. Account not approved

 If the final account is not approved, the court shall enter an order specifying wherein and the extent to which the account is not approved and directing a restatement of the account and such further action, if any, on the part of the personal representative as the court finds to be proper.
AR Code § 28-53-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-107. Abatement

 (a) Except as provided in subsection (c) of this section, shares of the distributees shall abate for the payment of claims, legacies, the family allowances, the shares of pretermitted heirs, or the share of the surviving spouse who is entitled to and elects to take against the will, without any preference or priority as between real and personal property, in the following order:  (1) Property not disposed of by the will;  (2) Property devised to the residuary devisee;  (3) Property disposed of by the will but not specifically devised and not devised to the residuary devisee; and  (4) Property specifically devised.    (b)  (1) A general devise charged on any specific property or fund, for purpose of abatement, shall be deemed property specifically devised to the extent of the value of the thing on which it is charged.  (2) Upon the failure or insufficiency of the thing on which it is charged, it shall be deemed property not specifically devised to the extent of the failure or insufficiency.    (c) If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of distributees shall abate in such other manner as may be found necessary to give effect to the intention of the testator.
AR Code § 28-53-108 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-108. Contribution

 (a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken so as to accomplish an abatement in accordance with the provisions of § 28-53-107.  (b) The court shall determine, at the time of the hearing on the petition for final distribution, the amounts of the respective contributions and whether the contributions shall be made before distribution or shall constitute a lien on specific property which is distributed.
AR Code § 28-53-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-109. Determination of advancements

 (a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs.  (b) The amount of every advancement shall be specified in the order of final distribution.
AR Code § 28-53-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-110. Improper distributions

 (a) Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitations, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return any property improperly received, which is other than money, and its income since distribution if he or she has the property and to return an amount equal to any money improperly paid with interest at six percent (6%) per annum. If he or she does not have the property, then he or she is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him or her.  (b) An improper distribution or payment shall be deemed to include distribution or payment without deduction of or payment for any federal or state estate, death, or transfer taxes properly apportioned thereto.  (c) Any suit or proceeding to recover property improperly distributed or the value thereof may be instituted in the circuit court in which administration is pending or was had, or in any other court of proper jurisdiction.  (d) Any suit or proceeding to recover property improperly distributed or the value thereof, money improperly paid, and income or interest, as the case may be, shall be barred three (3) years after the decedent's death or two (2) years after the time of distribution or payment, whichever last occurs.
AR Code § 28-53-111 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-111. Setoffs

 When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the distributee shall be entitled to the benefit of any defense which would be available to him or her in a direct proceeding for the recovery of the debt.
AR Code § 28-53-112 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-112. Interest — Income and increment

 (a) Interest. Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not before that time.  (b) Income and Increment. Unless otherwise provided in the will, a specific devise of property shall be construed to include income or increment accruing to the property while in the hands of the personal representative.  (c) Allocation of Trust Income. When property is devised to a trustee upon a trust which separates the beneficial interest in the income and principal of the trust, the income which accrues to the property so devised during the administration of the estate shall be treated as income by the trustee when received by him or her.
AR Code § 28-53-113 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-113. Exoneration of encumbered property

 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.
AR Code § 28-53-114 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-114. Distribution in kind

 (a) When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered.  (b)  (1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, and, if he or she notifies the personal representative before the thing is purchased, may elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain the purchase price.  (2) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for the purchase in lieu of the annuity except to the extent that the will expressly provides that an assignable annuity be purchased.    (c) Nothing in this section shall affect the rights of election by a surviving spouse against a testamentary provision as provided in the Probate Code.
AR Code § 28-53-115 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-115. Partition

 (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.
AR Code § 28-53-116 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-116. Missing or unavailable distributees

 (a)  (1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court may order the personal representative to sell the nonliquid assets distributable to the distributee, in the manner authorized by the provisions of the Probate Code for the sale of the property by a personal representative, and to deposit in the registry of the court, by payment to the clerk of the court, the funds distributable to the distributee. The receipt of the clerk of the court for such funds shall constitute a complete acquittance therefor to the personal representative.  (2) If it is shown that it is in the best interests of the estate that the whole title to the nonliquid assets be sold, clear of the claim of the missing distributee, rather than only that portion of the assets distributable to the distributee, then the sale may be ordered.    (b)  (1) The court shall direct, by order, the clerk of the court as to how the funds shall be held in safekeeping and may authorize the clerk to deposit the funds at interest in a designated financial institution, the deposits of which are insured, in whole or in part, by an agency of the United States Government, to the credit of the clerk and his or her successors in office for the use and benefit of the distributee, or to invest the funds, or any part of them, in bonds of the United States or the State of Arkansas. The order shall specify when and under what conditions further orders may be obtained for the ultimate distribution of the fund.  (2) Prior to making the order, the court shall investigate the bond of the clerk, and if it is found to be insufficient in amount to protect the funds of the distributee, the court shall designate the county treasurer as the depository of the funds, subject to the provisions of this section with respect to the deposit of the funds with the clerk of the court.
AR Code § 28-53-117 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 53 - Distribution And Discharge|Subchapter 1 - General Provisions|§ 28-53-117. Escheats

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