reglab/housing_qa huggingface dataset:
AR Code § 28-39-304 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-304. Assignment by commissioners

 (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.
AR Code § 28-39-305 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-305. Rental of indivisible property

 In cases in which lands or tenements will not permit division, the court, being satisfied of that fact or on the report of the commissioners to that effect, shall order that the tenements or lands be rented out and that one-third (1/3) part of the proceeds be paid to the surviving spouse in lieu of dower or curtesy in the lands or tenements.
AR Code § 28-39-306 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-306. Sale of property indivisible without prejudice

 In proceedings in the circuit court for the allotment of dower or curtesy, when it appears to the court that dower or curtesy cannot be allotted out of the real estate without great prejudice to the surviving spouse or heirs and that it will be most to the interest of the parties that the real estate may be sold, the court may decree a sale of the real estate free from the dower or curtesy and decree that a portion of the proceeds may be paid to the surviving spouse in lieu of the dower or curtesy or interest otherwise secured to the surviving spouse as to the court may seem equitable and just.
AR Code § 28-39-307 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-307. Rights of surviving spouse when dower or curtesy land alienated by heir

 If the heir alienates lands of which a surviving spouse is entitled to dower or curtesy, he or she shall still be decreed his curtesy or her dower in the lands so alienated, in whosesoever hands the land may be.
AR Code § 28-39-308 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-308. Surviving spouse's bequest of growing crop

 A surviving spouse may bequeath the crop in the ground of the land held by him or her in curtesy or dower at the time of his or her death. If he or she dies intestate, the crop shall go to his or her administrator.
AR Code § 28-39-309 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 3 - Assignment of Dower and Curtesy|§ 28-39-309. Recovery of dower or curtesy lands taken from surviving spouse — Damages

 If the land assigned and laid off to any surviving spouse is deforced from his or her possession, the surviving spouse shall have an action for the recovery of possession of the land, with double damages for the deforcement, or a surviving spouse may sue for the damages alone and recover double the actual damage sustained from time to time, until the surviving spouse is put in possession of the dower or curtesy held by the deforcer or detainer.
AR Code § 28-39-401 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-401. Rights of surviving spouse — Limitations

 (a) When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year.  (b) In the event of such an election, the rights of the surviving spouse in the estate of the deceased spouse shall be limited to the following:  (1) The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and  (2) The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances; and  (3) If, after the assignment of dower or curtesy, as the case may be, and the payment of all statutory allowances, taxes, and debts, and the satisfaction of all testamentary gifts and devises, there shall remain some residue of the deceased spouse's estate which is not disposed of by will, then, if the deceased spouse shall have been survived by no natural or adopted child, or the descendants of any natural or adopted child, and by no parent, brother, sister, grandparent, uncle, aunt, great-grandparent, great-uncle, great-aunt, or the lineal descendants of any of them, then the surviving spouse will take by inheritance the undisposed residue.
AR Code § 28-39-402 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-402. Notice to spouse of right to elect

 Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the decedent's surviving spouse at his or her mailing address, if known, in which shall be stated the time within which a written election must be filed by or on behalf of the surviving spouse in order to take against the will.
AR Code § 28-39-403 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-403. Spouse's time limitation for filing election

 (a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims.  (b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation.
AR Code § 28-39-404 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-404. Form of election — Filing

 (a)  (1) The election to take against the will shall be:  (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and  (B) Filed in the office of the probate clerk of the circuit court.    (2) It shall be in substantially the following form:    (b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.    “I, A. B., surviving wife (or husband) of C. D., deceased, hereby renounce and disclaim any and all benefits under the will of C. D., and elect to take from the estate of C. D. only the property and benefits which (because of this election) will accrue to me under Section 33 of Act No. 140, approved February 23, 1949, as amended. DATED: , 20 . SIGNED: ” (ACKNOWLEDGMENT)   Click to view form.
AR Code § 28-39-405 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-405. Right of election personal to surviving spouse

 (a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.  (b) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.
AR Code § 28-39-406 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-406. Revocation of spouse's election

 An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject to revocation, except within the time provided by § 28-39-403 for filing an election and prior to any distribution made on the basis of the election, or thereafter for such causes as would justify a decree for the rescission of a deed.
AR Code § 28-39-407 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 39 - Rights Of Surviving Family Members|Subchapter 4 - Taking Against the Will|§ 28-39-407. Rights of children or issue — Limitations

 (a) Subsequently Born or Adopted Children. Whenever a child shall have been born to or adopted by a testator after the testator has made his or her will, and the testator shall die leaving the after-born or adopted child not mentioned or provided for in his or her will either specifically or as a member of a class, the testator shall be deemed to have died intestate with respect to the child. The child shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she would have inherited had there been no will.  (b) Pretermitted Children. If, at the time of the execution of a will, there is a living child of the testator, or living child or issue of a deceased child of the testator, whom the testator shall omit to mention or provide for, either specifically or as a member of a class, the testator shall be deemed to have died intestate with respect to the child or issue. The child or issue shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she or they would have inherited had there been no will.
AR Code § 28-40-101 (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 1 - Proceedings Generally|§ 28-40-101. Character of proceeding

 (a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction.  (b) The entire proceeding is a proceeding in rem.  (c) No notice shall be jurisdictional except as provided in §§ 28-40-110 and 28-53-103.
AR Code § 28-40-102 (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 1 - Proceedings Generally|§ 28-40-102. Venue

 (a) The venue for the probate of a will and for administration shall be:  (1) In the county in this state where the decedent resided at the time of his or her death;  (2) If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, of the property of the decedent located in this state;  (3) If the decedent had no residence or property in this state, but died in this state, then in the county in which he or she died; and  (4) If the decedent had no residence or property in this state and died outside of this state, then in any county in which a cause of action may be maintained by his or her personal representative.    (b) The proceedings shall be deemed commenced by the filing of a petition, the issuance of letters, and the qualification of a personal representative. The proceeding first legally commenced is extended to all of the property in this state.  (c)  (1) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of venue by the circuit court of the county where first commenced.  (2) If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county.    (d)  (1) If it appears to the court at any time before the order of final distribution that the proceeding was commenced in the wrong county or that it would be for the best interest of the estate, then the court, in its discretion, may order the proceeding with all papers, files, and a certified copy of all orders therein transferred to another circuit court, which need not be a court of proper venue under other provisions of this section. The other court shall thereupon proceed to complete the administration proceeding as if originally commenced therein.  (2) The bond, if any, of the personal representative filed in the court from which the proceeding is transferred shall remain in effect unless and until replaced by a new bond ordered and approved by the court to which the proceeding is transferred.
AR Code § 28-40-103 (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 1 - Proceedings Generally|§ 28-40-103. Time limit for probate and administration

 (a) No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to probate within five (5) years from the death of the decedent, subject only to the exceptions stated in this section.  (b) This section shall not affect the availability of appropriate equitable relief against a person who has fraudulently concealed or participated in the concealment of a will.  (c)  (1) Insofar only as it relates to real property in Arkansas, or any interest in real property, the will of a nonresident which has been admitted to probate in another appropriate jurisdiction may be admitted to probate in this state without regard to the time limit imposed by this section.  (2) However, rights and interests in the real property which, after the death of the testator if it is assumed that he or she died intestate, have been acquired by purchase, as evidenced by one (1) or more appropriate instruments which have been properly recorded in the office of the recorder of the county in which the real property is situated and which would be valid and effective had the decedent died intestate, shall not be adversely affected by the probate of the will in this state after the expiration of the time limit imposed by subsection (a) of this section.
AR Code § 28-40-104 (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 1 - Proceedings Generally|§ 28-40-104. No will effectual until probated — Unprobated wills admitted as evidence

 (a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.  (b) Except as provided in § 28-41-101, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of probate by the circuit court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if:  (1) No proceeding in circuit court concerning the succession or administration of the estate has occurred; and  (2) Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.    (c) The provisions of subsections (b) and (c) of this section shall be supplemental to existing laws relating to the time limit for probate of wills, and the effect of unprobated wills, and shall not be construed to repeal § 28-40-103 and subsection (a) of this section or any other law not in direct conflict herewith.
AR Code § 28-40-105 (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 1 - Proceedings Generally|§ 28-40-105. Delivery of will by custodian

 (a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will.  (b)  (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person who is alleged to possess the will of a testator directing that the alleged will be produced at a time specified in the citation.  (2) A person who willfully refuses or fails to deliver a will after being duly ordered by the court to do so shall be guilty of contempt of court. He or she shall also be liable to any aggrieved party for damages which may be sustained by such a refusal or failure.
AR Code § 28-40-106 (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 1 - Proceedings Generally|§ 28-40-106. Powers of nominated executor prior to appointment

 (a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family of the decedent, may arrange for his or her burial.  (b)  (1) If the court refuses to admit the proffered will to probate or the person shall not qualify as executor, he or she shall not be liable for his or her acts done in good faith and for which he or she would not be liable had he or she been the lawful executor.  (2) However, promptly upon the appointment of a personal representative, the person shall account to the personal representative for steps taken and acts performed by him or her and deliver to the personal representative any assets of the estate which have come into his or her hands.
AR Code § 28-40-107 (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 1 - Proceedings Generally|§ 28-40-107. Petition for probate and appointment of personal representative

 (a) An interested person may petition the court of the proper county:  (1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;  (2) For the appointment of executor if one is nominated in the will;  (3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.    (b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.  (c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state:  (1) The name, age, residence, and date and place of death of the decedent;  (2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;  (3) The probable value, stated separately, of the real and of the personal property;  (4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;  (5) If the venue is based upon § 28-40-102(a)(4), the facts establishing the venue;  (6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known;  (7) The names and residence addresses of the persons, if any, nominated as executors; and  (8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.