reglab/housing_qa huggingface dataset:
AR Code § 28-25-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 25 - Execution And Revocation|§ 28-25-109. Revocation of wills

 (a) A will or any part thereof is revoked:  (1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or  (2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.    (b) If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401.  (c) When there has been a partial revocation, reattestation of the remainder of the will shall not be required.
AR Code § 28-25-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 25 - Execution And Revocation|§ 28-25-110. Revival of revoked or invalid will

 No will or any part thereof which shall be revoked, or which shall be or become invalid, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.
AR Code § 28-26-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 26 - Construction And Operation|§ 28-26-101. Construction of will

 (a) The court in which a will is probated or to which the administration proceeding may have been transferred shall have jurisdiction to construe it at any time during the administration.  (b) The construction may be made on the petition of the personal representative or of any other person interested in the will, or if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of the issue.  (c) When a petition for the construction of a will is filed, notice of the hearing shall be given to persons interested in the construction of the will.
AR Code § 28-26-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 26 - Construction And Operation|§ 28-26-102. After-acquired property

 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.
AR Code § 28-26-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 26 - Construction And Operation|§ 28-26-103. Partial intestacy

 If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided by law with respect to the estates of intestates.
AR Code § 28-26-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 26 - Construction And Operation|§ 28-26-104. Failure of a testamentary provision

 Unless a contrary intent is indicated by the terms of the will, the following rules shall apply:   (1) Except as provided in subdivision (2) of this section:  (A) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and  (B) If the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue; and    (2) Whenever property is devised to a child, natural or adopted, or other descendant of the testator, either by specific provision or as a member of a class, and the devisee shall die in the lifetime of the testator, leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse, but the property shall vest in the surviving child or other descendant of the devisee, as if the devisee had survived the testator and died intestate.
AR Code § 28-26-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 26 - Construction And Operation|§ 28-26-105. Devise of encumbered property

 A valid charge or encumbrance upon any property shall not revoke any provision of a previously executed will relating to the same property. However, the devisee shall take the property subject to the charge or encumbrance, the discharge of which will be governed by the provisions of § 28-53-113.
AR Code § 28-27-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-101. Testamentary additions to trusts

 (a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.  (b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.  (c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.
AR Code § 28-27-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-102. Effect on existing wills

 This chapter applies to a will of a testator who dies after July 31, 1995.
AR Code § 28-27-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-103. Uniformity of application and construction

 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.
AR Code § 28-27-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-104. Short title

 This chapter may be cited as the “Uniform Testamentary Additions to Trusts Act of 1995.”
AR Code § 28-27-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-105. Savings clause

 The repeal of any statutory provision by this chapter does not impair, or otherwise affect, any will, devise, or bequest or any trust existing on August 1, 1995, nor does the repeal of any statutory provision by this chapter impair any contract or affect any right accrued before August 1, 1995.
AR Code § 28-27-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 3 - Wills|Chapter 27 - Uniform Testamentary Additions To Trusts Act|§ 28-27-106. Effective date

 This chapter takes effect on August 1, 1995.
AR Code § 28-38-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 38 - General Provisions|§ 28-38-101. Joint income tax refunds

 (a) The survivor of spouses with respect to whom a joint federal income tax return has been filed, upon the death of the other, shall be entitled to receive any refund of tax due from the Internal Revenue Service in his or her own right upon making proof of the death of the other.  (b) Proof of death for the purpose of this section may be made by exhibiting a death certificate of a coroner, licensed physician, or appropriate state agency, or by affidavit of the survivor.  (c) It shall be unnecessary for a survivor who has complied with the terms of this section to secure any court order to entitle him or her to receive the federal income tax refund, but he or she shall have a right to a United States Treasury check or warrant for the refund drawn in his or her favor solely.
AR Code § 28-41-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 41 - Distribution Without Administration|§ 28-41-103. Petition and order for no administration

 (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.
AR Code § 28-41-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 41 - Distribution Without Administration|§ 28-41-104. Proceedings to revoke order

 At any time within one (1) year after the making of an order as provided in § 28-41-103, the court, either for good cause shown upon petition of an interested person or upon its own motion, may set the order aside.
AR Code § 28-42-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-101. General law to apply

 Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents.
AR Code § 28-42-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-102. Application for ancillary letters

 (a)  (1) A foreign personal representative, upon the filing of an authenticated copy of his or her domiciliary letters with the circuit court of the county of proper venue, may be issued letters in this state, notwithstanding that the personal representative is a nonresident of this state.  (2) A corporate foreign personal representative need not otherwise qualify as a corporation to do business under the general corporation laws of this state to authorize it to act as ancillary personal representative in the particular estate if it complies with the provisions of §§ 28-42-104 and 28-42-105.    (b) Upon application by a foreign personal representative for the issuance of ancillary letters, preference shall be given to such an applicant, unless the court finds that the appointment will not be for the best interest of the estate. If the court so finds, the court may order the issuance of ancillary letters to any person eligible under the provisions of § 28-48-101.  (c) An interested person may apply for issuance of ancillary letters to a qualified person other than the foreign personal representative. In that event, the applicant, in the manner directed or approved by the court, shall give notice of the application to the foreign personal representative, if the foreign personal representative's name and address are known, and to the court which appointed him or her, if the court is known. If, at the time of filing the application, the name and address of the foreign representative or the court which appointed him or her are not known, the notice shall be given as soon thereafter, either before or after the issuance of letters, as the facts pertaining thereto become known.
AR Code § 28-42-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-103. Ancillary personal representative — Bond

 An ancillary personal representative shall give bond as required by § 28-48-201. However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206.
AR Code § 28-42-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-104. Designation of agent

 Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of § 28-48-101(b)(6) concerning designation of an agent to accept service of process.
AR Code § 28-42-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-105. Substitution of foreign for local representative

 (a)  (1) If any other person has been appointed local personal representative, the foreign personal representative, not later than twenty (20) days after the dispatch of notice to him or her under § 28-42-102, unless this period is extended for cause by the court, may apply for revocation of the appointment and for granting of ancillary letters to himself or herself.  (2) Notice of the hearing on the application shall be given to the local personal representative.    (b)  (1) Upon the finding that the action is for the best interest of the estate, the court may revoke the letters of the local personal representative and grant the application of the foreign personal representative.  (2) After the application is granted, the local personal representative shall deliver to the foreign personal representative all assets and records of the estate in his or her possession and shall account to the foreign personal representative and to the court.  (3) The hearing on the account may be held immediately, or upon such notice as the court may direct.  (4) Upon compliance with the court's direction, the local personal representative and his or her sureties shall be discharged.    (c)  (1) Upon qualification, the foreign personal representative shall be substituted in all actions and proceedings brought by or against the local personal representative in his or her representative capacity and shall be entitled to all the rights and be subject to all the burden arising out of the uncompleted administration in all respects as if it had been continued by the local personal representative.  (2) If the local personal representative has served or has been served with any process or notice, no further service or notice shall be necessary, nor shall the time within which any steps may or must be taken be changed, unless the court in which the action or proceedings are pending so orders.
AR Code § 28-42-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-106. Removal of assets to domiciliary jurisdiction

 (a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.  (b) Order.  (1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.  (2) The court, in its discretion, may grant, deny, or postpone action on the petition.  (3) The granting of the petition shall not terminate the ancillary administration.
AR Code § 28-42-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-107. Payment of claims generally

 An ancillary personal representative may pay a claim against the estate only if it has been presented and allowed in the manner and within the time required to establish a claim against an estate of domiciliary administration in this state.
AR Code § 28-42-108 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-108. Payment of claims — Insolvent estates

 (a) Equality Subject to Preferences and Security.  (1) If the estate, either in this state or as a whole, is insolvent, it shall be disposed of so that, as far as possible, each creditor whose claim has been allowed, either in this state or elsewhere, shall receive an equal proportion of his or her claim, subject to preferences and priorities and to any security which a creditor has as to particular assets.  (2) If a preference or priority is allowed in another jurisdiction but not in this state, the creditor so benefited shall receive dividends from local assets only upon the balance of his or her claim after deducting the amount of the benefit.  (3) The validity and effect of any security held in this state shall be determined by the law of this state, but a secured creditor who has not released or surrendered his or her security shall be entitled only to a proportion computed upon the balance due after the value of all security not exempt from the claims of unsecured creditors is determined and credited upon the claim secured by it.    (b) Procedure.  (1) In case of insolvency and if local assets permit, each claim allowed in this state shall be paid its proportion, and any balance of assets shall be disposed of in accordance with § 28-42-109.  (2) If local assets are not sufficient to pay all claims allowed in this state the full amount to which they are entitled under this section, local assets shall be marshaled so that each claim allowed in this state shall be paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
AR Code § 28-42-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-109. Transfer of residue to domiciliary personal representative

 (a)  (1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction.  (2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred.    (b) Upon good cause shown, the court may order the sale of local assets by the ancillary personal representative for the purpose of transmitting the proceeds to the domiciliary personal representative.
AR Code § 28-42-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative

 (a) At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or deliver the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:  (1) The date of the death of the nonresident decedent;  (2) That no local administration, or application or petition therefor, is pending in this state; and  (3) That the domiciliary foreign personal representative is entitled to payment or delivery.    (b) Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.  (c) Payment or delivery under subsection (a) of this section may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
AR Code § 28-42-111 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 4 - Administration Of Decedents' Estates|Chapter 42 - Ancillary Administration|§ 28-42-111. Jurisdiction over foreign personal representative

 (a) A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by:  (1) Receiving payment of money, or taking delivery of personal property under § 28-42-110; or  (2) Doing any act as a personal representative in this state which would have given the state jurisdiction over him or her as an individual.    (b) Jurisdiction under subdivision (a)(1) of this section shall be limited to the money or value of personal property collected.