reglab/housing_qa huggingface dataset:
AR Code § 28-40-302 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 40 - Probate And Grant Of Administration|Subchapter 3 - Proving a Lost or Destroyed Will|§ 28-40-302. Proving will

 No will of any testator shall be allowed to be proved as a lost or destroyed will unless:   (1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and  (2) The will is:  (A) Proved to have been in existence at the time of the death of the testator; or  (B) Shown to have been fraudulently destroyed in the lifetime of the testator.
AR Code § 28-40-303 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 40 - Probate And Grant Of Administration|Subchapter 3 - Proving a Lost or Destroyed Will|§ 28-40-303. Record of decree

 (a) Upon a lost or destroyed will's being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed.  (b) Letters testamentary or of administration, with the will annexed, shall be issued thereon by the clerk in the same manner as upon a will duly proved before him or her.
AR Code § 28-40-304 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 40 - Probate And Grant Of Administration|Subchapter 3 - Proving a Lost or Destroyed Will|§ 28-40-304. Restraint of administrator

 If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
AR Code § 28-48-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-101. Persons entitled to domiciliary letters

 (a) Domiciliary letters testamentary or of general administration may be granted to one (1) or more of the natural or corporate persons mentioned in this section who are not disqualified, in the following order of priority:  (1) To the executor or executors nominated in the will;  (2) To the surviving spouse, or his or her nominee, upon petition filed during a period of thirty (30) days after the death of the decedent;  (3) To one (1) or more of the persons entitled to a distributive share of the estate, or his or her nominee, as the court in its discretion may determine, if application for letters is made within forty (40) days after the death of the decedent, in case there is a surviving spouse and, if no surviving spouse, within thirty (30) days after the death of the decedent; and  (4) To any other qualified person.    (b) A person is not qualified to serve as domiciliary personal representative if the person is:  (1) Under eighteen (18) years of age;  (2) Of unsound mind;  (3) A convicted and unpardoned felon, either under the laws of the United States or of any state or territory of the United States;  (4) A corporation not authorized to act as fiduciary in this state;  (5) A person whom the court finds unsuitable; or  (6)  (A) A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate.  (B) If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent.  (C) The appointment or agency may be revoked only upon the appointment of a qualified substitute agent.  (D) Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt.
AR Code § 28-48-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-102. Letters — Issuance — Form

 (a) When a duly appointed personal representative has given such bond as may be required and the bond has been approved by the court or by the clerk, subject to confirmation by the court, or, if no bond is required, when the personal representative has filed with the clerk a written acceptance of his or her appointment, letters under the seal of the court shall be issued to him or her.  (b) The letters shall be in substantially the following form:  (c) Letters of administration with will annexed, administration in succession, and special administration shall conform with this form with appropriate modifications.(d)(1)(A) Letters of administration are not necessary to empower the person appointed to act for the estate.    “In the Circuit Court of County, Arkansas. In the Matter of the Estate of C.D., deceased. No. Letters of Administration (Testamentary) Be it known that A.B., whose address is , having been duly appointed administrator of the estate (executor of the will) of C.D., deceased, who died on or about , 20 , and having qualified as such administrator (executor) is hereby authorized to act as such administrator (executor) for and in behalf of the estate and to take possession of the property thereof as authorized by law. Issued this day of , 20 . , Clerk. (Seal)”.   Click to view form.    (B)  Letters of administration are for the purpose of notifying third parties that the appointment of an administrator has been made.    (2)  The order appointing the administrator empowers the administrator to act for the estate, and any act carried out under the authority of the order is valid.
AR Code § 28-48-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-103. Special administrators

 (a) For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator.  (b) A special administrator may be appointed without notice or upon such notice as the court may direct.  (c) The appointment may be for a specified time, to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment.  (d) The special administrator shall make such reports as the court shall direct and shall account to the court upon the termination of his or her authority.  (e) Otherwise, and except when the provisions of the Probate Code by their terms apply only to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives shall apply to special administrators.  (f) The order appointing a special administrator shall not be appealable.
AR Code § 28-48-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-104. Joint personal representatives

 (a) Unless otherwise provided by will, the powers given to two (2) personal representatives may be exercised only by their joint action, and powers given to more than two (2) personal representatives may be exercised only by the joint action of a majority of them.  (b) Every power exercisable by joint personal representatives may be exercised by the survivor of them when one is dead or by the other when one (1) appointment is terminated by order of the court unless the power is given in the will and its terms otherwise clearly provide as to the exercise of the power.
AR Code § 28-48-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-105. Removal generally

 (a)  (1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by § 28-48-101(b)(6), then the court may remove him or her.  (2) The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed.    (b) The removal of a personal representative after letters have been duly issued to him or her does not invalidate his or her official acts performed prior to removal.
AR Code § 28-48-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-106. Death or incompetency — Protection of estate

 (a) The death of a personal representative or the appointment of a guardian for the estate of a personal representative terminates his or her appointment.  (b) Until appointment and qualification of a successor or special representative to replace the deceased or incompetent representative, the representative of the estate of the deceased or incompetent personal representative, if any, has the duty to protect the estate possessed and being administered by his or her decedent or ward at the time his or her appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his or her appointment and qualification.
AR Code § 28-48-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-107. Successor personal representatives

 (a) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint another personal representative in his or her place upon the motion or petition of an interested person.  (b) When a personal representative in succession or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of his or her predecessor or of the executor nominated in the will, except that he or she shall not exercise powers given in the will which by its terms are clearly personal to the executor therein nominated.
AR Code § 28-48-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 1 - General Provisions|§ 28-48-109. Allowances for defending will or prosecuting its probate

 (a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings.  (b) If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees.
AR Code § 28-48-201 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-201. Bond required

 (a) Prior to the issuance of letters and except as provided in § 28-48-206, the court or the clerk, subject to approval or rejection by the court, shall take a bond from the personal representative with two (2) or more sufficient sureties who are residents of this state, or a corporate surety authorized to do business in this state, for the benefit of the interested parties. The bond shall be in an amount fixed by the court not less than double the amount or, if the surety is corporate, then not less than the amount, of the estimated value of the property which may reasonably be expected to pass through the hands of the personal representative.  (b) When two (2) or more persons are appointed personal representatives of the same estate and are required by the provisions of the Probate Code to give a bond, the court may require either a separate bond from each or one (1) bond from all of them.  (c) No personal representative shall be deemed a surety for another personal representative unless the terms of the bond so provide.
AR Code § 28-48-202 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-202. Failure to give bond or file acceptance

 If at any time a personal representative fails to give a bond as required by the court or, if no bond is required, fails to file written acceptance of his or her appointment within the time fixed by the court, some other person shall be appointed in his or her stead. If letters have been issued, they shall be revoked.
AR Code § 28-48-203 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-203. Sureties

 (a) Unless authorized by special order of the court, no sheriff, clerk of any court, the deputy of either, the judge of any court, or attorney at law shall be taken as surety on the bond of a personal representative.  (b)  (1) A surety upon the bond of a personal representative desiring to be released from subsequent liability shall serve upon the personal representative a notice that, on and after a date fixed in the notice, which date shall be not less than twenty (20) days from the date of service, the surety will withdraw as surety upon the bond. A copy of the notice of withdrawal shall be filed in the court immediately.  (2) On and after 12 noon of the termination date fixed in the notice, the surety shall be released from liability on the bond for subsequent acts or defaults of the personal representative, and, unless before noon of the termination date a new bond with sufficient surety shall be filed and approved, the personal representative shall ipso facto be removed, and a successor shall be appointed.  (3) However, the surety shall not be released from liability until the personal representative shall have furnished a new bond with surety approved by the court, or until his or her successor has been appointed, has qualified, and has taken over the assets of the estate, or until a final settlement of his or her principal has been approved.    (c)  (1) The original sureties shall be liable for all breaches of the obligation of the bond up to the time of filing of the new bond and approval of the bond by the court, but they shall not be liable for acts and omissions of the personal representative thereafter.  (2) The new bond shall bind the sureties thereon with respect to acts and omissions of the personal representative from the time when the sureties on the original bond are no longer liable therefor or from such prior time as the court directs.
AR Code § 28-48-204 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-204. Form

 With appropriate variations in the case of an executor, administrator with will annexed, or other special case, the bond of the personal representative shall be in substantially the following form:   In the Circuit Court of County, Arkansas. Bond of Personal Representative The undersigned as principal, having been appointed administrator of the estate (executor of the will) of , deceased, and as sureties, acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of all persons interested in said estate in the penal sum of DOLLARS ($ ) conditioned as follows: If the undersigned administrator (executor) shall well and faithfully account for his administration of said estate, as by law required, this bond shall become null and void, otherwise to remain in full force and effect. Dated this day of , 20 as principal. as surety. as surety. Approved this day of , 20   Click to view form.
AR Code § 28-48-205 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-205. Approval of bond required

 (a) No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon.  (b) Before giving approval of a bond executed by personal sureties, the court or clerk shall require affidavits from the sureties that they collectively own property in this state subject to execution of a value over and above their liabilities and equal to the amount of the bond.  (c) In the event the bond is not approved, the personal representative, within such time as the court or the clerk may direct, shall secure a bond with satisfactory surety or sureties.
AR Code § 28-48-206 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-206. Increase or reduction in amount — Dispensing with bond

 (a) The court may at any time increase or decrease the amount of the bond required of a personal representative when good cause appears.  (b) At its discretion and subject to subsequent revocation, the court may dispense with the requirement of a bond when, by the terms of the will, the testator directed or requested that no bond be required of the personal representative.  (c)  (1) Except with respect to a nonresident administrator, the court, at its discretion and subject to subsequent revocation, may reduce the amount of bond which would otherwise be required or dispense with the requirement of a bond:  (A) If the personal representative is a bank or a trust company whose deposits are insured by the Federal Deposit Insurance Corporation or a trust company chartered and regulated by an appropriate state authority; or  (B) When all distributees are competent and have filed their written waiver of the requirement of bond, and the petition shall recite that there are no known unsecured claims.    (2) However, if any person asserting a claim against the estate or having or claiming any interest in the estate files a written demand, the personal representative shall give bond as required in § 28-48-201 or in such other amount as the court shall direct after considering the amount of the alleged claim or asserted interest, but, if it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging the interest in the estate has, in fact, no interest therein, then bond shall not be required.
AR Code § 28-48-207 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-207. Obligations

 (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.
AR Code § 28-48-208 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-208. Enforcement of obligations

 (a) The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond.  (b)  (1) Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof.  (2) The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other interested person.  (3) The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct.  (4) Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity.  (5) The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond.    (c) If the estate is already distributed, or if for any reason the procedure to recover on the bond provided in subsection (b) of this section is inadequate, or at his or her election, an interested person may bring a separate suit in a court of competent jurisdiction in his or her own behalf for damages suffered by him or her by reason of the default of the personal representative.  (d) The bond of the personal representative shall not be void upon the first recovery but may be proceeded upon from time to time until the whole penalty is exhausted.
AR Code § 28-48-209 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 48 - Personal Representatives|Subchapter 2 - Bond|§ 28-48-209. Agreement to deposit assets

 It shall be lawful for the personal representative to agree with his or her surety for the deposit of any or all moneys and other assets of the estate with a bank, safe deposit, or trust company authorized by law to do business as such, or other depository approved by the court if the deposit is otherwise proper, in such manner as to prevent the withdrawal of the moneys or other assets without the written consent of the surety or on order of the court made on such notice to the surety as the court may direct. However, the agreement shall not alter the liability of the personal representative or surety as fixed by the bond.